Construction, Forestry and Maritime Employees Union

[2025] FWCA 1588

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1322)

TRIGGA SEAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 12 MAY 2025

Application for approval of the Trigga Seal PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as The Trigga Seal 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 8 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 for the approval of a proposed collective agreement between the Construction, Forestry and Maritime Employees Union and Trigga Seal Pty Ltd. The dispute centred on the terms and conditions of employment outlined in the collective agreement for the period 2023-2027. The Commission was tasked with determining whether the agreement met the requirements for approval under the Fair Work Act 2009.

The legal issues before the Commission included whether the proposed agreement complied with the relevant provisions of the Fair Work Act, including provisions concerning minimum entitlements and procedural fairness. The Commission had to consider whether the agreement provided for terms and conditions that were not less favourable than the relevant national workplace determination, and whether it was consistent with the public interest. Furthermore, the Commission assessed whether the agreement had been negotiated in good faith and whether appropriate consultation and disclosure requirements were met.

In delivering its decision, the Commission found that the proposed agreement met the statutory criteria for approval. The Commission confirmed that the agreement provided for terms and conditions that were not less favourable than the relevant national workplace determination. The Commission also determined that the agreement was consistent with the public interest and had been negotiated in good faith. The Commission was satisfied that the requisite consultation and disclosure requirements were fulfilled. As such, the Fair Work Commission approved the Trigga Seal Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The Fair Work Commission's decision was based on the evidence and submissions presented by both parties. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, taking into account the specific circumstances of the industry and the parties involved. The Commission approved the agreement, ensuring that the rights and interests of both employers and employees were adequately protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established