Construction, Forestry and Maritime Employees Union

[2025] FWCA 1027

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/726)

LH FORM PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 25 MARCH 2025

Application for approval of the LH Form Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the LH Form 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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 25 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) made an application for the approval of a collective agreement between the LH Form Pty Ltd and the CFMEU for the period 2024-2027. The application was brought under the Fair Work Act 2009, which mandates that certain agreements must be approved by the Fair Work Commission to ensure they meet the requirements of the Act. The primary concern was whether the agreement complied with the provisions of the Act, particularly those relating to the fairness and reasonableness of the terms and conditions outlined within.

The central legal issue the Commission had to address was whether the terms and conditions of the collective agreement were fair and reasonable, as required by the Fair Work Act. This involved examining the agreement's provisions to determine if they provided for fair and reasonable terms and conditions, including those related to pay, hours of work, leave, termination, and other workplace matters. The Commission also had to ensure that the agreement did not undermine the protections afforded by the National Employment Standards and the National Workplace Determinations.

The Fair Work Commission assessed the collective agreement in detail, considering the specific terms and conditions it contained. The Commission found that the agreement provided for fair and reasonable terms and conditions for employees, ensuring they were not disadvantaged in comparison to the protections provided by the Act. The agreement was deemed to meet the requirements of the Act, and thus, the Commission approved the collective agreement. This decision confirmed the validity of the agreement, allowing it to take effect as intended between the parties.

The Fair Work Commission's decision was that the LH Form Pty Ltd / CFMEU Collective Agreement 2024-2027 met the requirements of the Fair Work Act and was approved as such. This approval allowed the agreement to be implemented, providing a clear framework for the terms and conditions of employment between the parties 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