Construction, Forestry and Maritime Employees Union

[2025] FWCA 1673

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1385)

SKY LABB (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 20 MAY 2025

Application for approval of the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Sky Labb (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023 -2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 May 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 matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Sky Labb (QLD) Pty Ltd, concerning the application for approval of the Union Collective Agreement 2023–2027. The application was made under the Fair Work Act 2009, seeking certification of the agreement as a Registered Agreement, which would afford it a degree of legal enforceability and protection from certain types of legal challenges. The dispute primarily centred on whether the agreement met the statutory requirements for registration and whether it complied with the relevant principles of the Act.

The primary legal issues the Commission needed to address were whether the agreement was genuinely a product of genuine collective bargaining, whether it met the procedural requirements of the Fair Work Act, and whether it contained any unfair provisions that would render it invalid. These issues required a detailed examination of the bargaining process, the contents of the agreement, and its compliance with the Act. The Commission needed to ensure that the agreement was not only procedurally correct but also substantively fair and consistent with the principles of industrial relations law.

In its decision, the Fair Work Commission assessed the evidence provided regarding the collective bargaining process and found that it was conducted in good faith and met the requirements of the Fair Work Act. The Commission further examined the agreement's provisions and concluded that they were fair and did not contravene any statutory provisions. The Commission found that the agreement contained provisions that were consistent with the principles of the Act and that it did not include any unfair terms. Consequently, the Commission approved the application for the registration of the agreement, recognising it as a Registered Agreement under the Fair Work Act. This decision ensures that the agreement will have legal enforceability and protection against certain legal challenges, facilitating a stable industrial relations environment for the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established