Construction, Forestry and Maritime Employees Union

[2025] FWCA 3410

[2025] FWCA 3410

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3323)

MASTER COATING (AUST) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 OCTOBER 2025

Application for approval of the Master Coating (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027

1. An application has been made for approval of an enterprise agreement known as the Master Coating (Aust) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

1. The matter was allocated to my Chambers on 3 October 2025.

2. On 3 October 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Mark Cunningham and an amended Form F17B which resolved the pre-approval concerns identified.

1. I note the Australian Workers’ Union provided a Form F18 dated 9 October 2025. The key relevant issues raised are as follows:

a)The CFMEU failed to issue to the NERR within 14 days of the commencement of bargaining.

b)A number of the classifications in the Agreement fall under the AWU coverage of civil construction and the persons who are not eligible to be CFMEU members would be employed under the Agreement.

c)The Agreement coverage was not ‘fairly chosen’ because it only covers CFMEU roles.

1. The AWU is not a bargaining representative and therefore has no express right to appear however I have used the information provided to inform myself of potential issues.

1. Whilst the NERR was not issued within 14 days after notification time, I accept that the 4 day delay was as a result of a minor procedural error, and pursuant to s.188(5) I find the error was minor and was unlikely to have disadvantaged the employees.

1. Clause 3 of the Agreement provides that the coverage of the Agreement is limited to persons eligible to be CFMEU members who perform work for the employer in the state of New South Wales. As a result, it is not possible for the Agreement to cover work which the CFMEU rules did not cover. The AWU coverage of construction, and/or any potential overlap is not a barrier to the approval of the Agreement.

1. With respect to the requirements of s186(3), the restriction of coverage to CFMEU members does not of itself mean the group has not been fairly chosen. Based on the material before me, I am satisfied that the group has been fairly chosen.

1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

1. 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 this organisation.

1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

2. The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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