Construction, Forestry and Maritime Employees Union

[2025] FWCA 3379

[2025] FWCA 3379

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3312)

AUREATEBUILD PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 20 OCTOBER 2025

Application for approval of the Aureatebuild Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Aureatebuild Pty Ltd / CFMEU Collectcive Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

1. The employer covered by the Agreement is Aureatebuild Pty Ltd (Employer). Clause 3 of the Agreement describes coverage to include the Employer and its employees engaged in work in New South Wales (clause 3(a) with clause 3(c) containing coverage to employees eligible to be members of the CFMEU. Appendix B sets out Agreement classifications which range from Construction Worker Level 1 to Construction Worker Level 8.

1. The Australian Worker’s Union raised the concern that the coverage clause and classifications in the Agreement are misleading as the Agreement refers to coverage being limited to those that are eligible to be CFMEU members, while the classification structure extends beyond that criterion.

1. A conference was held on 20 October 2025 to address the concern. In advance of the conference the CFMEU filed a statutory declaration of Yang Wang who indicated that the intention of the proposed agreement was to cover work solely in the building and construction industry. The CFMEU submitted that there was an oversight in drafting the Agreement that caused for this intention not to be realised at clause 3(c) of the Agreement and this is an obvious defect or error in the Agreement. The CFMEU sought that the Commission exercise its powers pursuant to s.218A of the Act to vary clause 3(c) of the Agreement.

1. Having heard from the parties I am satisfied that the there is an obvious error, defect or irregularity in the Agreement and I will amend the Agreement pursuant to s.218A such that, as proposed by the CFMEU, clause 3(c) reads:

“Employees of the Company who perform work in the Building and Construction Industry as defined at clause 4.3(a) of the BCGOA.”

1. On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

1. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 October 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

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