Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1898

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1647)

COREY JOHN MORGAN T/AS COZCRETE AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2025

Application for approval of the Corey John Morgan T/As Cozcrete and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a Greenfields agreement known as the Corey John Morgan T/As Cozcrete and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

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 of the Act 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 Construction, Forestry and Maritime Employees Union 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 Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 13 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry and Maritime Employees Union (CFMEU) and Corey John Morgan trading as Cozcrete, sought approval of their collective agreement for the period 2023 to 2027. The application was heard in the Fair Work Commission, where the CFMEU, as the relevant union, and Cozcrete, as the employer, sought to have the terms of their collective agreement approved and registered. The nature of the dispute centred around the terms and conditions outlined in the proposed agreement, and whether these were in compliance with relevant industrial laws and fair work principles.

The key legal issues before the court were whether the terms of the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009, and whether the agreement adequately provided for the rights and obligations of both the union and the employer. Specifically, the court needed to determine if the agreement complied with provisions regarding employee representation, minimum standards of employment, and any other relevant industrial laws. Additionally, the court had to assess whether the agreement was made in good faith and if it contained appropriate dispute resolution mechanisms.

In delivering its decision, the Fair Work Commission found that the terms of the proposed agreement did indeed meet the statutory requirements for approval. The court noted that the agreement provided for appropriate employee representation and contained provisions that met or exceeded the minimum standards of employment. The commission was satisfied that the agreement was made in good faith and included effective mechanisms for resolving disputes between the parties. Therefore, the court approved the agreement, finding it to be fair and reasonable in all respects.

The final orders of the commission were that the CFMEU Union Collective Agreement 2023–2027, as proposed by the applicants, be approved and registered. This decision ensures that the terms of the agreement will be legally binding on both the union and the employer, and provides certainty and stability for the employees covered by the agreement.

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