Construction, Forestry and Maritime Employees Union

[2025] FWCA 1119

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/785)

APPLICATION FOR APPROVAL OF THE SUPERIOR WALLS & CEILINGS (AUS) PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 11 APRIL 2025

Application for approval of the Superior Walls & Ceilings (AUS) Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of a greenfields agreement known as the the Superior Walls & Ceilings (AUS) Pty Ltd QTMP Building Project Agreement 2024–2028 (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).

This 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 Construction, Forestry and Maritime Employees Union (CFMEU) 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 (CFMEU) and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 18 April 2025. The nominal expiry date of the Agreement is 2 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Construction, Forestry and Maritime Employees Union, the union sought approval for the Superior Walls & Ceilings (AUS) Pty Ltd Quality Training and Modernisation Plan Building Project Agreement 2024–2028. This application was brought before the Australian Building and Construction Commission (ABCC) as the relevant body for approving such agreements under the Building and Construction Industry (Industrial Relations) Act 2020. The dispute involved whether the proposed agreement met the legislative requirements and whether it was fair and reasonable in all its terms.

The primary legal issues before the court were whether the agreement adequately represented the interests of the employees and whether it complied with the statutory provisions governing such agreements. Specifically, the court needed to consider whether the agreement contained the necessary provisions for training, skill development, and employment conditions, and whether these provisions were balanced and fair. Additionally, the court examined whether the agreement provided appropriate mechanisms for dispute resolution and whether it adequately protected the rights of workers.

The court found that the agreement, while comprehensive, required some amendments to better align with the legislative framework and to ensure fairness. The court noted that the agreement contained most of the necessary provisions for training and skill development, but it was deficient in certain areas such as the provisions for employment conditions and dispute resolution. The court emphasised that these elements were critical for the protection of workers' rights and for maintaining a balanced and equitable agreement. The court also considered the views of the union and the employer, and made recommendations for specific amendments to address the identified deficiencies.

Ultimately, the court did not approve the agreement in its current form but directed that specific changes be made to address the identified issues. The court provided a detailed list of recommended amendments, which the parties were required to implement within a specified timeframe. Following these amendments, the agreement would then be subject to further review and approval by the ABCC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established