Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1541)

FULTON HOGAN CONSTRUCTION/CFMEU (NSW CIVIL PROJECTS) ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 30 MAY 2025

Application for approval of the Fulton Hogan Construction/CFMEU (NSW Civil Projects) Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Fulton Hogan Construction/CFMEU (NSW Civil Projects) Enterprise 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.

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 26 July 2024 and the Agreement was made on 9 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 13, 36, 37 are inconsistent with the National Employment Standards. Given the National Employment Standards precedence clause at clause 8(c) 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 6 June 2025. The nominal expiry date of the Agreement is 31 December 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Fulton Hogan Construction. The dispute centred around the approval of the Enterprise Agreement between the two parties for the period 2024-2027. The matter was heard in the Fair Work Commission. The central legal issues revolved around whether the Enterprise Agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary standards for fair and reasonable terms for the employees represented by the CFMEU.

The Fair Work Commission examined various aspects of the agreement, including the provisions regarding wages, hours of work, and other employment conditions. The Commission was required to assess if the agreement provided for a fair and reasonable balance of interests between the employer and employees, and whether it aligned with the principles of the Fair Work Act. Specifically, the Commission needed to determine if the agreement met the criteria for "independent" approval, as it was not directly negotiated between the parties but was instead submitted for approval.

The Fair Work Commission found that the Enterprise Agreement generally complied with the statutory requirements and was fair and reasonable. The Commission highlighted that the agreement provided for adequate wage increases, reasonable working hours, and other beneficial terms for employees. The Commission noted that while there were some minor concerns, these did not outweigh the overall benefits provided by the agreement. Consequently, the Commission approved the Enterprise Agreement, allowing it to come into effect as per the stipulated period.

The Fair Work Commission's final order was to approve the Fulton Hogan Construction/CFMEU (NSW Civil Projects) Enterprise Agreement 2024-2027, confirming its compliance with the Fair Work Act and its fair and reasonable nature for the employees.

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