Construction, Forestry and Maritime Employees Union

[2025] FWCA 1220

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/900)

THE TRUSTEE FOR DUKON GROUP UNIT TRUST T-AS DUKON GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 APRIL 2025

Application for approval of The Trustee for Dukon Group Unit Trust t-as Dukon Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Trustee for Dukon Group Unit Trust t-as Dukon 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

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) I note 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 4 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by The Trustee for Dukon Group Unit Trust, acting as Dukon Group Pty Ltd, seeking approval of a collective agreement between the trustee and the Construction, Forestry and Maritime Employees Union (CFMEU). The application was heard and determined by the Fair Work Commission, which is an industrial tribunal with jurisdiction over such matters. The union and the employer had reached an agreement regarding the terms and conditions of employment for employees within the maritime sector, and this agreement now required the Commission's formal approval.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being a "modern award" and if it appropriately balanced the interests of both employers and employees. The Commission also considered whether the agreement provided adequate protections and benefits to employees, and whether it adhered to the principles of good faith bargaining and industrial peace.

In delivering its decision, the Commission noted that the agreement contained provisions that were consistent with modern awards and reflected the current standards of the maritime industry. The Commission found that the agreement appropriately balanced the interests of both parties, offering fair wages and conditions while also considering the employer's need for flexibility and competitiveness. The Commission concluded that the agreement provided sufficient protections and benefits to employees and complied with the principles of good faith bargaining. As such, the Commission approved the collective agreement, recognising it as a suitable modern award for the maritime sector.

The Commission's final order was that the CFMEU Collective Agreement 2024-2027 be approved and registered as a modern award, effective from the date of the decision. This approval ensures that the terms and conditions set out in the agreement will apply to the employees of Dukon Group Pty Ltd, subject to the ongoing enforcement and compliance mechanisms provided by the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established