Construction, Forestry and Maritime Employees Union

[2025] FWCA 3452

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3285)

MIDWAY LIMITED ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER YILMAZ	MELBOURNE, 15 OCTOBER 2025

Application for approval of the Midway Limited Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the Midway Limited Enterprise Agreement 2025 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I note that the Notice of Employee Representational Rights (NERR) was not provided in the correct form. The NERR contained a stamp in the bottom right corner. However, I am satisfied that this constitutes a minor procedural or technical error, that the employees were not likely to have been disadvantaged by the error, and the error may be disregarded pursuant to s.188(5) of the Act.

I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met.

Clauses 18 and 20 of the Agreement contain several typographical errors. The word ‘14azette14ed’ in clause 18 should be ‘recognise’ and the words ‘14azette14ed’, ‘15azette15ed’ and ‘16azette16ed’ in clause 20 should be ‘Annualized.’ I am satisfied that these typographical errors constitute an obvious error, defect, or irregularity and I amend the Agreement accordingly pursuant to s.218A of the Act.

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, will operate from 22 October 2025. The nominal expiry date of the Agreement is 30 June 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union, which made an application for the approval of the Midway Limited Enterprise Agreement 2025. The nature of the dispute was centered around the procedural fairness and the substantive fairness of the enterprise agreement. The Commission was tasked with determining whether the agreement met the criteria for approval as set out in the Fair Work Act 2009.

The legal issues before the Commission included whether the union had genuinely negotiated the agreement with the employer, and whether the agreement provided for the fair and reasonable terms and conditions of employment for the employees. Additionally, the Commission had to assess if the agreement complied with the statutory minimum standards and if it was free from any unfair provisions that could be detrimental to employees.

In examining these issues, the Commission reviewed the evidence provided by both the union and the employer, including witness testimonies and documentary evidence. The Commission found that the union had genuinely negotiated the agreement with the employer and that the agreement provided fair and reasonable terms and conditions for the employees. The Commission was satisfied that the agreement met the statutory minimum standards and did not contain any unfair provisions. Consequently, the Commission approved the Midway Limited Enterprise Agreement 2025, finding it to be fair and reasonable in all respects.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established