Construction, Forestry and Maritime Employees Union

[2025] FWCA 1305

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1055)

D&Q TILING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 7 MAY 2025

Application for approval of the D&Q Tiling Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the D&Q Tiling 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.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 14 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 applied to the Fair Work Commission for approval of a collective agreement between the D&Q Tiling Pty Ltd and the union, covering the period 2023–2027. The union sought to have the agreement, which had been reached through negotiations, ratified and registered as a lawful and enforceable document. The Fair Work Commission was tasked with reviewing the agreement to ensure it complied with the relevant legislative provisions and that it had been negotiated in good faith.

The primary legal issues before the commission were whether the collective agreement complied with the requirements of the Fair Work Act 2009, and whether it was made in good faith. The commission considered whether the agreement met the criteria for approval, including that it was not inconsistent with any industrial instrument in force, that it did not discriminate against any person on certain prohibited grounds, and that it did not include any term that was contrary to public policy. Additionally, the commission assessed whether the parties had genuinely negotiated the agreement and whether the union had adequately represented its members in the process.

The Fair Work Commission found that the agreement was consistent with the Fair Work Act and did not contain any discriminatory or contrary to public policy terms. The commission also concluded that the agreement had been negotiated in good faith by both parties, with the union adequately representing its members throughout the process. Given these findings, the commission approved the collective agreement, which will now be registered and enforceable between D&Q Tiling Pty Ltd and the union for the specified period.

The Fair Work Commission ordered the approval and registration of the D&Q Tiling Pty Ltd and CFMEU Union Collective Agreement 2023–2027, confirming that it met all legislative requirements and was the product of genuine negotiations. This decision ensures that the terms of the agreement will be legally binding on both parties, providing a framework for industrial relations during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established