Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1111

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/780)

KWILL CONSTRUCTIONS QLD PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 APRIL 2025

Application for approval of the Kwill Constructions QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Kwill Constructions QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union pursuant to s.185 of the Fair Work Act 2009 (Act).

This is a greenfields agreement that meets the requirements of section 172(2)(b) of the Act. I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with Construction, Forestry and Maritime Employees Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied for approval of the Kwill Constructions QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027. The application was heard in the Fair Work Commission. The nature of the dispute involved the terms and conditions of employment for workers within the construction industry in Queensland. The applicant sought to have the proposed agreement approved and registered as a greenfields agreement under the Fair Work Act 2009.

The legal issues before the Commission included whether the agreement met the eligibility criteria for registration under the Fair Work Act. Key considerations were whether the agreement was in the national system for the resolution of industrial matters, whether it contained only matters that were genuinely intended to be the subject of the agreement, and whether the agreement facilitated the efficient and productive operation of the business. The Commission also considered the balance of the agreement and whether it was in the interests of fairness and equity for all parties involved.

In its reasoning, the Commission found that the proposed agreement was consistent with the principles of the national workplace relations system. It was noted that the agreement contained provisions that were in the interests of the employees and the employer, and that it facilitated the efficient and productive operation of the business. The Commission also found that the agreement was fair and equitable, taking into account the interests of both parties. The Commission concluded that the proposed agreement met the eligibility criteria for registration and was in the national system for the resolution of industrial matters.

The final orders of the Commission were to approve and register the Kwill Constructions QLD Pty Ltd and CFMEU Union Collective Agreement 2023–2027 as a greenfields agreement. The agreement was to be registered for a period of five years, from 1 July 2023 to 30 June 2028, and would apply to all employees of Kwill Constructions QLD Pty Ltd who were members of the Construction, Forestry and Maritime Employees Union.

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