Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/718)

THE TRUSTEE FOR METRO ENVIRO MAINTENANCE TRUST T/AS ELDARIN SERVICES METRO AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 26 MARCH 2025

Application for approval of The Trustee for Metro Enviro Maintenance Trust T/As Eldarin Services Metro and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as The Trustee for Metro Enviro Maintenance Trust T/As Eldarin Services Metro and CFMEU Union Collective Agreement 2023–2027 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 24 March 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.

In accordance with s.187(5)(a) 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.

The agreement is a greenfields agreement that meets the requirements of s.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.

Having regard s.187(5)(b) I am satisfied it is in the public interest to approve the Agreement.

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 under consideration involved the Construction, Forestry and Maritime Employees Union (CFMEU) and The Trustee for Metro Enviro Maintenance Trust trading as Eldarin Services, concerning an application for approval of their collective agreement for the period 2023–2027. The case was heard before the Fair Work Commission, an independent statutory body established under the Fair Work Act 2009, responsible for resolving workplace disputes and overseeing the approval process of registered agreements.

The primary legal issue before the Commission was whether the proposed collective agreement met the statutory requirements for approval under the Fair Work Act. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees and if it complied with the procedural requirements outlined in the Act. This involved an examination of the agreement's terms, the process by which it was negotiated, and the representation of the employees involved.

In delivering its decision, the Commission carefully reviewed the terms of the proposed agreement, considering the interests of the employees it was intended to cover. The Commission found that the agreement contained provisions that were in the best interests of the employees, including provisions on wages, working conditions, and dispute resolution mechanisms. The Commission also confirmed that the agreement was negotiated in good faith and that the process adhered to the procedural requirements set out in the Act. Given these findings, the Commission approved the application for the collective agreement to be registered.

The final orders of the Commission were that the CFMEU Union Collective Agreement 2023–2027 be approved and registered as a registered agreement under the Fair Work Act. This decision effectively formalises the terms of the agreement and provides legal recognition and enforceability to the provisions contained within it, ensuring that the rights and obligations of the parties are protected and governed by the agreed terms.

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