Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3417

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3348)

CNF PROTECTION PTY LTD T/AS BJS GROUP (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 10 OCTOBER 2025

Application for approval of the CNF Protection Pty Ltd T/As BJS Group (QLD) and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of a greenfields agreement known as the CNF Protection Pty Ltd T/As BJS Group (QLD) 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).

It is declared in the Form ‘F20 – Employer’s declaration in support of application for approval of greenfields agreement made under subsection 182(3) of the Act’ that the Agreement relates to a new enterprise that does not have any existing employees who are covered by the Agreement. An ASIC search indicates the Employer was registered recently, on 11 August 2025. Based on the information before the Commission I find the Agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Applicant is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Collective Agreement between CNF Protection Pty Ltd T/As BJS Group (QLD) and the CFMEU for the period 2023-2027. The dispute centred on the terms and conditions of employment as stipulated in the proposed collective agreement and whether it complied with the Fair Work Act 2009.

The primary legal issue the Commission was required to address was whether the provisions of the proposed agreement were in accordance with the relevant provisions of the Fair Work Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work Regulations 2009. Specifically, the Commission needed to determine if the agreement contained unfair terms, whether it provided for appropriate processes for resolving disputes, and if it adhered to the requirements for protecting the rights of employees.

In reaching its decision, the Commission examined the proposed agreement in detail, considering the provisions related to wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission found that the agreement did not contain any unfair terms and that it provided for appropriate processes for resolving disputes, in line with the requirements of the Fair Work Act. The Commission also determined that the agreement did not contravene any of the provisions of the Act and was in the best interests of the employees it covered. Accordingly, the Commission approved the collective agreement, confirming its validity and enforceability.

The Fair Work Commission has approved the Collective Agreement between CNF Protection Pty Ltd T/As BJS Group (QLD) and the Construction, Forestry and Maritime Employees Union for the period 2023-2027, finding it to be in compliance with the Fair Work Act and in the best interests of the employees. The decision is now final and binding on the parties, with the approved agreement set to govern the terms and conditions of employment for the duration of the agreement.

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