Construction, Forestry and Maritime Employees Union

[2025] FWCA 1401

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/994)

TENSIONED CONCRETE PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 29 APRIL 2025

Application for approval of the Tensioned Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027

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

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

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for a collective agreement with Tensioned Concrete Pty Ltd for the period 2024 to 2027. The application was heard by the Fair Work Commission, which had to determine whether the agreement met the requirements under the Fair Work Act 2009. The dispute centred on specific clauses in the agreement concerning employee entitlements, such as wages, leave provisions, and dispute resolution mechanisms.

The Commission examined whether the agreement provided fair and reasonable terms and conditions for the employees and whether it complied with the good faith bargaining principles. Additionally, the court assessed if the agreement adhered to the provisions of the National Employment Standards and any applicable awards. The central issue was whether the agreement achieved a balance between the rights of employers and employees without unfairly disadvantaging either party.

The Fair Work Commission found that the agreement largely met the criteria for approval. It determined that the terms were fair and reasonable, and the negotiation process was conducted in good faith. The Commission highlighted that the agreement provided adequate provisions for employee entitlements and included clear dispute resolution mechanisms. Consequently, the court approved the collective agreement, noting that it would benefit both parties by providing a stable and predictable framework for their employment relationship.

The Commission ordered that the Tensioned Concrete Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved as filed and be registered under the Fair Work Act 2009. The agreement would thus govern the employment terms and conditions between Tensioned Concrete Pty Ltd and the Construction, Forestry and Maritime Employees Union for 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