Construction, Forestry and Maritime Employees Union

[2025] FWCA 1044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/710)

ROBERTS CO (WA) PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 MARCH 2025

Application for approval of the Roberts Co (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the

Roberts Co (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024 - 2027. 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 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, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 7 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 (CFMEU) and Roberts Co (WA) Pty Ltd applied for the approval of their 2024-2027 collective agreement. The application was brought before the Fair Work Commission, which is tasked with assessing such agreements under the Fair Work Act 2009. The union and the company sought to have their agreement recognised as a protected action agreement, which would provide a degree of immunity from certain legal actions that might otherwise be available to the company or its employees.

The legal issues that the Commission had to address included whether the agreement met the criteria for protected action as outlined in the Fair Work Act. This involved determining if the agreement was genuinely negotiated, whether it adhered to the principles of good faith bargaining, and if the terms of the agreement were fair and reasonable. The Commission also had to consider if the agreement would cause undue hardship to any party and whether it complied with the overarching public interest.

The Fair Work Commission found that the agreement was genuinely negotiated and in good faith, and that it met the criteria for protected action. The terms of the agreement were deemed fair and reasonable, and it was concluded that the agreement would not cause undue hardship to either party. The Commission also determined that the agreement was in the public interest and did not contravene any relevant legislation. As such, the Commission approved the Roberts Co (WA) Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027 as a protected action agreement.

The Commission made an order approving the collective agreement as a protected action agreement, thereby providing it with the legal protections afforded by the Fair Work Act. This decision ensures that the terms of the agreement are enforceable and that the parties are shielded from certain legal actions for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established