Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1644

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1380)

ABS FACADE (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the ABS Facade (QLD) 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 23 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of a collective agreement between the ABS Facade (QLD) Pty Ltd and CFMEU, covering the period from 2023 to 2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement was suitable for approval under the Fair Work Act 2009. The agreement in question proposed various terms and conditions of employment, including wages, hours of work, and other employment-related matters.

The primary legal issue before the Commission was whether the proposed collective agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement provided for a safety net of minimum entitlements and whether it was free from prohibited content. The Commission also considered whether the agreement had been made in good faith and whether it was consistent with the objectives of the Act.

In its reasoning, the Commission noted that the agreement provided for a comprehensive safety net of minimum entitlements, including wages, allowances, and other benefits. The Commission also found that the agreement did not contain any prohibited content and was consistent with the objectives of the Act. The Commission further found that the agreement had been made in good faith and that there were no grounds to refuse approval. Accordingly, the Commission approved the agreement, subject to certain modifications to ensure compliance with the Act.

The Fair Work Commission approved the ABS Facade (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027, subject to certain modifications to ensure compliance with the Fair Work Act 2009. The modifications related to the calculation of penalty rates and the inclusion of a clause prohibiting the use of subcontractors for certain work. The Commission noted that the modifications were necessary to ensure that the agreement met the requirements of the Act and did not result in a detriment to the employees covered by the agreement.

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