Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1298

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1018)

WCR GROUP AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

Application for approval of the WCR Group Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the WCR Group Australia Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 17 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and WCR Group Australia Pty Ltd. The dispute centres around the approval of a collective agreement that was negotiated between the CFMEU and WCR Group Australia Pty Ltd for the period 2024-2027. The matter was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement should be approved as a registered instrument under the Fair Work Act 2009. The Commission had to consider whether the agreement met all the necessary requirements, including provisions for minimum entitlements, procedural fairness, and the overall fairness of the agreement.

The legal issues that the Commission was required to address included whether the agreement provided for minimum entitlements as stipulated by the Act, whether the agreement was negotiated in good faith, and whether the agreement was fair and reasonable in all its terms. The Commission also had to consider the principle of procedural fairness, ensuring that both parties had an adequate opportunity to negotiate and understand the terms of the agreement. Furthermore, the Commission needed to assess the fairness of the agreement, taking into account the broader economic and industrial context.

The Commission found that the proposed agreement met all the necessary requirements for approval. It provided for minimum entitlements as required by the Fair Work Act, and both parties had an opportunity to negotiate and understand the terms of the agreement, thereby satisfying the principle of procedural fairness. The agreement was also found to be fair and reasonable in all its terms, considering the broader economic and industrial context. The Commission approved the agreement, noting that it provided a fair and balanced outcome for both the employees and the employer, while also considering the interests of the wider industry. The approval ensures that the terms and conditions of employment for the relevant employees are governed by this agreement 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