Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1034

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/587)

CHOICE CEILINGS (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 MARCH 2025

Application for approval of the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Choice Ceilings (NSW) Pty Ltd / CFMEU Collective Agreement 2024 – 2027 (Agreement). 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). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 April 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the Choice Ceilings (NSW) Pty Ltd and CFMEU Collective Agreement 2024-2027. The central issue was whether the collective agreement met the legal requirements for approval, particularly if it was made in the course of genuine collective bargaining and if it contained any provisions that were unfair. The legal issues involved examining the process through which the agreement was reached and determining if the content of the agreement was consistent with the provisions of the Fair Work Act 2009.

The Commission considered the process of negotiation and whether the agreement reflected genuine collective bargaining. It examined the context in which the agreement was made and whether it was free from any undue influence or coercion. Additionally, the Commission assessed the fairness of the agreement's provisions, including wages, working conditions, and other terms and conditions of employment. The Commission found that the agreement was the result of genuine collective bargaining and did not contain any unfair provisions.

Based on its findings, the Commission approved the collective agreement, confirming that it was made in accordance with the law and contained fair terms and conditions. The decision was based on the evidence presented, which showed that the negotiation process was fair and that the terms of the agreement were reasonable. This approval now allows the agreement to be registered and enforced, ensuring that both the employer and employees are bound by its terms.

The final orders included the approval of the Choice Ceilings (NSW) Pty Ltd and CFMEU Collective Agreement 2024-2027, subject to its registration under the Fair Work Act 2009. The agreement was to be registered on the day of the decision and would be enforceable from that date. This outcome provided certainty and clarity for both parties, ensuring that the agreement could be implemented effectively.

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