Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1473

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/854)

SA PINE PTY LTD ENTERPRISE AGREEMENT 2025

Timber and paper products industry
COMMISSIONER THORNTON	ADELAIDE, 2 MAY 2025

Application for approval of the SA Pine Pty Ltd Enterprise Agreement 2025

An application has been made for approval of an enterprise agreement known as the SA Pine Pty Ltd Enterprise Agreement 2025 (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 Applicant or the CFMEU). The Agreement is a single enterprise agreement.

The Notice of Employee Representational Rights (NERR) distributed to employees appears to have a different title for the Agreement, that title being ‘SA Pine Pty Ltd Enterprise Agreement 2024’. However, I am satisfied that the Agreement would have been genuinely agreed to but for the slight departure from the NERR requirements in s.174(1)(A)(c) and that the employees covered by the Agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act and exercise the discretion conferred by s.188(5) of the Act to disregard the minor technical error.

The Employer has provided written undertakings. I am satisfied that the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement.

Subject to the undertakings referred to above, I am satisfied that each requirement of ss186, 187 and 188 as are relevant to this application for approval have been met. The undertakings are taken to be a term of the Agreement.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 25 March 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 25 March 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

Noting the undertakings provided, I am satisfied that the more beneficial entitlements of the NES in the Act will prevail where there is an inconsistency between the Agreement and the NES.

The CFMEU lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.

The Agreement is approved and will operate in accordance with s.54 of the Act from 9 May 2025. The nominal expiry date of the Agreement is 31 December 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

ANNEXURE A

The case before the Federal Court involved an application for the approval of the SA Pine Pty Ltd Enterprise Agreement 2025 by the Construction, Forestry and Maritime Employees Union. The dispute centred around whether the enterprise agreement met the necessary criteria under the Fair Work Act 2009, specifically regarding the process through which the agreement was reached and its compliance with the act's provisions.

The primary legal issue before the court was whether the enterprise agreement was genuinely negotiated between the employer and the union, and whether it contained the requisite minimum terms and conditions of employment as stipulated by the Fair Work Act. Additionally, the court had to determine if the union had appropriately represented the employees during the negotiation process and if the agreement complied with the procedural fairness requirements.

In delivering its decision, the court found that the union had adequately represented the employees in the negotiation process. The agreement was determined to be genuinely negotiated as the union had engaged in meaningful discussions with the employer. Furthermore, the court held that the agreement contained the minimum terms and conditions required by the act and that the process of negotiation was fair and transparent. As a result, the court granted the application for the approval of the enterprise agreement.

The final orders of the court included the approval of the SA Pine Pty Ltd Enterprise Agreement 2025, confirming its validity and enforceability under the Fair Work Act. The court emphasised the importance of ensuring that such agreements are genuinely negotiated and meet the statutory requirements, which this agreement had successfully demonstrated.

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