Construction, Forestry and Maritime Employees Union

[2025] FWCA 1068

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/752)

NINEVEH GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 28 MARCH 2025

Application for approval of the Nineveh Group Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Nineveh 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 28 March 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union and Nineveh Group Pty Ltd, with the primary focus being the approval of a proposed collective agreement for the period 2024-2027. The application for approval was brought forward to ensure that the terms of the agreement met the requisite standards under the Fair Work Act 2009. The commission was tasked with assessing whether the agreement complied with the procedural requirements and whether it provided a safety net for employees, including those not party to the agreement.

The central legal issues revolved around whether the agreement had been made in good faith, was fair, and provided a safety net for employees. Furthermore, the commission had to consider if the agreement's terms were consistent with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and the facilitation of a productive workplace environment. The union argued that the agreement was fair and balanced, while the employer contended that the terms were reasonable and beneficial for both parties.

The Fair Work Commission, after thorough deliberation, determined that the collective agreement met the necessary criteria for approval. The commission found that the agreement had been made in good faith, provided an adequate safety net, and did not undermine the conditions of the modern awards. The commission also noted that the agreement contained provisions that were consistent with the principles of the Fair Work Act, including those related to the protection of employees' rights and the promotion of a productive workplace. Consequently, the application for approval was granted, and the collective agreement was endorsed for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established