Construction, Forestry and Maritime Employees Union

[2025] FWCA 1544

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1262)

ULTIMATE PRECAST INSTALLATIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 MAY 2025

Application for approval of the Ultimate Precast Installations Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Ultimate Precast Installations Pty Ltd / CFMEU Collective Agreement 2024-2027 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 March 2025 and the Agreement was made on 16 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 16 May 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEIU) lodged an application seeking approval of the Collective Agreement between Ultimate Precast Installations Pty Ltd and the CFMEU for the period 2024 to 2027. The application was contested by Ultimate Precast Installations Pty Ltd. The dispute centred on the terms and conditions outlined in the proposed agreement, particularly regarding wages, working conditions, and the implementation of various employment provisions.

The primary legal issues the commission needed to address were whether the terms of the agreement were fair and reasonable, and if they complied with relevant legislative standards, including the Fair Work Act 2009. The commission also had to consider the balance of interests between the employer and the union, and whether the agreement met the statutory criteria for approval under the Fair Work Act.

After reviewing the evidence and submissions from both parties, the commission determined that the proposed agreement was fair and reasonable. It was found to be balanced in its treatment of both the employer's and employees' interests and adhered to the statutory requirements. The commission approved the agreement, recognising the negotiated terms as a fair reflection of the parties' respective positions and their willingness to compromise.

The commission's final order was the approval of the Ultimate Precast Installations Pty Ltd / CFMEU Collective Agreement 2024-2027. This decision was based on the finding that the agreement met all necessary legislative criteria and represented a fair and reasonable outcome for both parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established