Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3365)

SURE PROJECTS AUSTRALIA PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Sure Projects Australia 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.

The matter was allocated to my Chambers on 7 October 2025.
On 8 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 statutory declarations of Charbel Frangi & Luke Poskus and an amended Form F17B which resolved the pre-approval concerns identified.

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.

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.

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.
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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CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union (CFMEU) and Sure Projects Australia Pty Ltd, the Fair Work Commission was tasked with approving a collective agreement set forth for the years 2024 to 2027. The nature of the dispute centred on the terms and conditions outlined within the proposed agreement, including wages, working hours, and other employment-related provisions, which both parties were required to consider under the Fair Work Act 2009. The Commission's role was to ensure that the agreement was fair and balanced, taking into account the broader economic and industrial context.

The central legal issues before the Commission involved verifying whether the proposed terms of the agreement were consistent with the principles of the Fair Work Act, particularly in relation to the protection of workers' rights and the promotion of harmonious, productive and cooperative workplace relations. The Commission was required to assess the fairness and reasonableness of the proposed terms, considering factors such as the bargaining power of the parties, the economic circumstances, and the broader public interest. Additionally, the Commission needed to determine if the agreement met the statutory requirements for approval, including whether it complied with the relevant award or registered agreement provisions.

Upon reviewing the evidence and submissions from both parties, the Commission concluded that the proposed collective agreement was fair and reasonable. The Commission found that the agreement provided for appropriate wage increases, took into account the economic circumstances, and included provisions that were consistent with the principles of the Fair Work Act. Furthermore, the Commission determined that the agreement did not undermine the existing industrial relations framework and that it would promote harmonious, productive, and cooperative workplace relations. Therefore, the Commission approved the application for the Sure Projects Australia Pty Ltd / CFMEU Collective Agreement 2024-2027.

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