Construction, Forestry and Maritime Employees Union

[2025] FWCA 1237

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/976)

C & H GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 14 APRIL 2025

Application for approval of the C & H Group Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the C & H Group 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 14 April 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement with the C & H Group Pty Ltd, covering the period from 2024 to 2027. The application was brought under section 233 of the Fair Work Act 2009, which empowers the Commission to approve agreements that meet specific criteria. The primary dispute was whether the proposed agreement met the requirements under the Act, including provisions regarding employee protections, procedural fairness, and compliance with minimum standards.

The central legal issues before the Commission were whether the agreement adequately protected the rights of employees, provided for procedural fairness, and met the minimum standards prescribed by the Fair Work Act. The CFMEU argued that the agreement was fair and met all legal requirements, while the C & H Group Pty Ltd contended that certain clauses did not comply with the Act, particularly regarding employee rights and procedural fairness. The Commission had to determine whether the agreement contained all necessary provisions and if it adhered to the statutory requirements for approval.

In reaching its decision, the Commission examined the content of the proposed agreement against the criteria set out in the Fair Work Act. It found that while the agreement generally met the requirements, certain clauses required modification to ensure they complied with the Act. The Commission noted that the agreement provided for appropriate procedural fairness and protected employee rights, but adjustments were necessary to address specific concerns raised by the C & H Group Pty Ltd. After considering the submissions and evidence from both parties, the Commission approved the agreement with certain modifications to ensure full compliance with the Fair Work Act.

The Fair Work Commission approved the collective agreement with the C & H Group Pty Ltd, subject to certain modifications. These modifications were made to ensure compliance with the Fair Work Act, particularly in relation to employee rights and procedural fairness. The CFMEU and the C & H Group Pty Ltd were directed to implement the approved agreement, which now includes the necessary adjustments to meet statutory requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established