Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1052)

EIROZ PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the Eiroz Pty Limited / CFMEU Collective Agreement 2024-2026

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Eiroz Pty Limited / CFMEU Collective Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement with Eiroz Pty Limited, covering the period from 2024 to 2026. The application was heard by the Fair Work Commission, the body responsible for overseeing the approval of such agreements under Australian labour law. The dispute centred on whether the agreement met the statutory requirements for approval and whether it was fair and reasonable in all its terms.

The legal issues that the court needed to address included whether the agreement contained provisions that were contrary to public policy, whether it provided for proper protections for employees, and whether the process by which the agreement was formed was compliant with the requirements of the Fair Work Act 2009. Additionally, the court had to consider whether the agreement was in the best interests of the employees and if it offered appropriate safeguards and benefits.

The Fair Work Commission carefully examined the terms of the collective agreement, taking into account the statutory framework and relevant case law. After reviewing the evidence and submissions from both parties, the Commission found that the agreement was consistent with the requirements of the Fair Work Act. It was determined that the agreement provided adequate protections for employees and was not contrary to public policy. Furthermore, the Commission was satisfied that the agreement was fair and reasonable, and that the process by which it was negotiated was compliant with the statutory requirements. Consequently, the Commission approved the collective agreement.

The final orders of the Commission included the approval of the Eiroz Pty Limited / CFMEU Collective Agreement 2024-2026, with the conditions that it would be registered and enforceable under the Fair Work Act. The decision provides clarity on the requirements for such agreements and affirms the importance of fair and reasonable terms in collective bargaining.

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