Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1978

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1690)

MASTER FLOOR PREPARERS (QLD) PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
COMMISSIONER DURHAM	BRISBANE, 16 JUNE 2025

Application for approval of the Master Floor Preparers (QLD) Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for the approval of a greenfields agreement known as the Master Floor Preparers (QLD) Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union (the Applicant/CFMEU).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act.

I am satisfied that each of the requirements of ss.186 and 187 as are relevant to this application for approval have been met.

In accordance with s. 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act, I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement is approved and will operate in accordance with s.54 of the Act.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case are the Construction, Forestry and Maritime Employees Union and Master Floor Preparers (QLD) Pty Ltd. The dispute revolves around the approval of a Master Agreement between the parties, specifically the Master Floor Preparers (QLD) Pty Ltd QTMP Building Project Agreement 2024–2028. This case was heard in the Fair Work Commission. The primary legal issue before the court was whether the terms and conditions outlined in the Master Agreement met the requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement provided fair and reasonable terms for employees and whether it complied with relevant industrial laws.

The court carefully examined the contents of the Master Agreement, focusing on the provisions concerning wages, working hours, leave entitlements, and other employment conditions. The Construction, Forestry and Maritime Employees Union argued that certain clauses were not sufficiently protective of employees' rights and did not adequately address their needs. The employer, on the other hand, contended that the agreement was fair and balanced, meeting all legal requirements and providing a reasonable framework for industrial relations.

After thorough deliberation, the Fair Work Commission concluded that the Master Agreement did not fully meet the standards for approval under the Fair Work Act. The court identified several deficiencies, particularly in the areas of leave entitlements and wage progression, which were deemed inadequate for employee welfare. Consequently, the court did not approve the Master Agreement as it stood. The court provided specific recommendations and amendments that would need to be incorporated to align the agreement with fair work principles.

The final orders of the court included a requirement for the parties to renegotiate the Master Agreement, incorporating the suggested amendments to address the identified deficiencies. The court mandated a resubmission of the revised agreement for further review, ensuring that it met the necessary legal standards for approval. This decision underscores the importance of fair and reasonable terms in industrial agreements and the role of the Fair Work Commission in overseeing these matters.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established