Construction, Forestry and Maritime Employees Union

[2025] FWCA 1275

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/967)

RXC INSTALLATIONS PTY LTD ATF RARS FAMILY TRUST T/AS RXC INSTALLATIONS AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the RXC Installations Pty Ltd ATF RARS Family Trust T/As RXC Installations and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the RXC Installations Pty Ltd ATF RARS Family Trust T/As RXC Installations 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.

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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the RXC Installations Pty Ltd ATF RARS Family Trust trading as RXC Installations and the CFMEU Union Collective Agreement 2023–2027. The dispute centred around the terms and conditions of employment set out in the proposed collective agreement, which the parties had negotiated but required the Commission’s approval to become legally binding. The Commission was tasked with ensuring that the agreement complied with the Fair Work Act 2009 and met the criteria for being a registered agreement.

The legal issues before the Commission included whether the proposed agreement appropriately balanced the interests of both employers and employees, and whether it complied with the provisions of the Fair Work Act. The Commission also had to determine whether the agreement was made in good faith and whether it met the requirements for a modern award, including provisions for employee entitlements and protections. Additionally, the Commission considered whether the agreement adequately covered issues such as wages, hours of work, and dispute resolution mechanisms.

The Commission found that the agreement appropriately reflected the parties' negotiation outcomes and met the legislative requirements. The terms were deemed fair and balanced, providing adequate protections and benefits to employees while allowing the employer to operate effectively. The Commission was satisfied that the agreement was made in good faith and that it adhered to the provisions of the Fair Work Act. Consequently, the Commission approved the agreement, finding it to be a suitable and compliant collective agreement for the specified period.

The final orders of the Commission were to approve the RXC Installations Pty Ltd ATF RARS Family Trust trading as RXC Installations and CFMEU Union Collective Agreement 2023–2027, making it a registered agreement under the Fair Work Act. The agreement is now legally binding on the parties from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established