Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1832

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1569)

O'SULLIVAN GROUND ENGINEERING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 MAY 2025

Application for approval of the O'Sullivan Ground Engineering Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the O’Sullivan Ground Engineering Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (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 6 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 case involved an application for the approval of a collective agreement between O'Sullivan Ground Engineering Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2023 to 2027. The application was brought before the Australian Industrial Relations Commission, a body that has jurisdiction over industrial matters in Australia. The crux of the dispute was whether the proposed collective agreement, which outlined terms and conditions of employment, complied with relevant legislative standards and provided fair terms for both employers and employees.

The primary legal issues the court needed to address were whether the agreement met the requirements under the Fair Work Act 2009, particularly regarding its alignment with the national minimum terms and conditions, and whether it provided for a fair balance of rights and obligations. The court also considered if the agreement appropriately facilitated the resolution of workplace disputes and promoted productivity. The court needed to ensure that the agreement did not unfairly disadvantage any party and adhered to the principles of fairness and equity as mandated by industrial law.

In rendering its decision, the court meticulously examined the terms of the collective agreement against the legislative criteria. The court found that the agreement was compliant with the Fair Work Act, as it did not set terms below the national minimum standards and provided for mechanisms to resolve workplace disputes. The court also noted that the agreement balanced the rights and obligations of both employers and employees fairly, thereby promoting a productive and harmonious workplace environment. As a result, the court approved the collective agreement, acknowledging that it met the necessary legal requirements and standards. The final orders confirmed the approval and mandated that the collective agreement would be binding upon the parties for the specified period.

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