Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1903

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1508)

P&M FACADE AND CFMEU (WA) COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 10 JUNE 2025

Application for approval of the P&M Facade and CFMEU (WA) Collective Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the P&M Facade and CFMEU (WA) 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 February 2025 and the Agreement was made on 8 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

I note that Clauses 18.9, 40.3, and 43.7 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 5.2 of the agreement, I am satisfied that the more beneficial entitlements of the NES will prevail.

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 17 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of a collective agreement with P&M Facade for the period 2024 to 2027. The dispute centred on the compliance of the agreement with the Fair Work Act, particularly whether it provided fair and reasonable terms and conditions of employment. The Fair Work Commission was the tribunal tasked with deciding the matter.

The key legal issues before the Commission included whether the terms of the agreement were fair and reasonable, if the agreement complied with all relevant provisions of the Fair Work Act, and if the process by which the agreement was negotiated and entered into was lawful and appropriate. The Commission also needed to assess if the agreement addressed the needs of the employees fairly and if it provided adequate protections and benefits.

After reviewing the submissions and evidence from both parties, the Commission determined that the agreement was fair and reasonable. The terms and conditions were found to be appropriate, the negotiation process was deemed fair, and the agreement was compliant with the Fair Work Act. The Commission concluded that the agreement provided suitable protections and benefits for the employees, thus approving it. The decision was based on the evidence provided, the nature of the industry, and the standards set by relevant legislation and previous case law.

The final orders of the Commission included the approval of the collective agreement as presented by the Construction, Forestry and Maritime Employees Union and P&M Facade. The agreement was to be registered and enforced as per the terms and conditions outlined, with the understanding that any future disputes would be subject to the Fair Work Commission’s jurisdiction.

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