Construction, Forestry and Maritime Employees Union

[2025] FWCA 1944

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1692)

RAINBOW GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2025

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

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

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 June 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a collective agreement between the Rainbow Group Pty Ltd and the union, covering the period 2024-2027. The matter was heard in the Fair Work Commission. The crux of the legal issues before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009, particularly concerning the fairness of the terms and the process by which the agreement was reached. The Commission needed to determine if the agreement was genuinely negotiated and if it contained terms that were fair and reasonable.

The Commission considered various factors, including the bargaining process, the terms of the agreement, and the impact on the employees. The Commission noted that the agreement was the result of genuine negotiations and included provisions that were fair and reasonable. The terms of the agreement were deemed to be balanced, with appropriate protections for employees while also accommodating the needs of the employer. The process by which the agreement was reached was also found to be compliant with the statutory requirements.

In conclusion, the Fair Work Commission approved the collective agreement. The Commission found that the agreement met the necessary criteria for approval under the Fair Work Act 2009. The terms of the agreement were fair and reasonable, and the process by which it was negotiated was genuine and compliant with the statutory requirements. The decision provides clarity for both employers and employees regarding the terms of the agreement and the process for reaching such agreements in the future.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established