Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3373)

EAST COAST CLEANING SERVICES PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the East Coast Cleaning Services PTY LTD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the East Coast Cleaning Services PTY LTD and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 8 October 2025.

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 & Mobile Crane Hiring 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 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 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for approval of a proposed collective agreement with East Coast Cleaning Services PTY LTD for the period 2023 to 2027. The application was made under the Fair Work Act 2009, which provides a process for the approval of enterprise agreements by the Fair Work Commission. The central issue before the court was whether the proposed agreement complied with the legal requirements for an enterprise agreement and whether the process by which it was negotiated was fair and lawful.

The court examined the procedural fairness of the agreement negotiation process, the compliance of the agreement with the provisions of the Fair Work Act, and whether the agreement contained provisions that were contrary to public policy or were otherwise unenforceable. The court also considered the implications of the agreement on the employees, the employer, and the broader industrial relations system. The court found that the agreement was negotiated in accordance with the requirements of the Act and that there were no procedural irregularities. The court also found that the agreement contained provisions that were fair and reasonable and did not contravene any provisions of the Act or public policy.

The court approved the proposed agreement, finding that it met all the legal requirements for an enterprise agreement and that the process by which it was negotiated was fair and lawful. The court also found that the agreement would provide benefits to the employees, the employer, and the broader industrial relations system. The court noted that the agreement contained provisions that were designed to promote the interests of the employees and to ensure that they were treated fairly and equitably. The court also noted that the agreement contained provisions that were designed to promote the interests of the employer and to ensure that it could operate its business in a fair and reasonable manner.

The court ordered that the proposed agreement be approved as a registered agreement under the Fair Work Act. The court also ordered that the agreement be registered with the Fair Work Commission and that it would be binding on the parties from the date of registration. The court also ordered that the agreement be published on the Fair Work Commission's website and that it would be available for inspection by the public. The court also ordered that the agreement would remain in force until it was terminated or replaced by a new agreement.

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