Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1370

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1159)

LORRENCE PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 MAY 2025

Application for approval of the Lorrence Pty Ltd and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Lorrence 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.

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 8 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 matter of the Construction, Forestry and Maritime Employees Union, an application was made to the Fair Work Commission for the approval of the Lorrence Pty Ltd and CFMEU Union Collective Agreement 2023-2027. The parties involved were the Construction, Forestry and Maritime Employees Union, representing the employees, and Lorrence Pty Ltd, representing the employer. The primary nature of the dispute centred around the terms and conditions of employment as outlined in the proposed collective agreement. The Fair Work Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The legal issues before the Commission involved assessing whether the collective agreement complied with the requirements of the Fair Work Act, including whether it provided for the fair and reasonable terms and conditions of employment, and whether it complied with the "better off overall test." The Commission had to consider whether the proposed agreement provided employees with terms and conditions that were at least as good as those they would have received under the relevant award or modern award. Additionally, the Commission evaluated if the agreement adhered to the principles of good faith bargaining and if it was consistent with the public interest.

The Commission found that the proposed collective agreement met the statutory requirements for approval. It was determined that the agreement provided employees with terms and conditions that were better than those under the relevant modern award. The Commission concluded that the agreement was fair and reasonable, provided for the protection of employees' rights and interests, and was the product of good faith bargaining. Therefore, the Fair Work Commission approved the Lorrence Pty Ltd and CFMEU Union Collective Agreement 2023-2027. This approval ensured that the agreement would govern the employment terms between the parties for the specified period.

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