Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1690

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1379)

CONO SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2025

Application for approval of the Cono Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as Cono Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 15 May 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 & Mobile Crane Hiring Award 2020 which has the result of remedying any defect.

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 the work that is to be performed under it.

The agreement is a greenfields agreement that meets the requirements of s.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.

Having regard s.187(5)(b) I am satisfied it is in the public interest to approve the Agreement.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Cono Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically regarding its compliance with the statutory requirements for good faith bargaining and the absence of adverse effects on the operation of other agreements.

The legal issues before the Commission involved assessing whether the agreement achieved the objectives of promoting harmonious, productive, and cooperative workplace relations, and whether it had a detrimental impact on other agreements in the industry. The Commission had to examine the provisions of the agreement, particularly those relating to wages and conditions, to determine if they were consistent with the principles of good faith and the public interest.

In its decision, the Commission acknowledged that the agreement was the result of extensive negotiations between the parties. It found that the agreement contained provisions that aligned with the statutory objectives, including provisions for wage increases, improved working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement was made in good faith and did not have an adverse effect on other agreements, thereby satisfying the requirements for approval. Consequently, the Commission approved the Cono Services Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The final orders included the approval of the collective agreement, which would now apply to the employees of Cono Services Pty Ltd, ensuring the terms and conditions of employment were governed by the provisions of the agreement until its expiry.

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