Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1001

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/595)

SYDNEY PLASTER PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 MARCH 2025

Application for approval of the Sydney Plaster Pty Ltd / CFMEU Collective Agreement 2024-2027

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

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 January 2025 and the Agreement was made on 21 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 March 2025. 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 applicants, the Construction, Forestry and Maritime Employees Union (CFMEU), and the respondents, Sydney Plaster Pty Ltd, appeared before the Fair Work Commission to seek approval of their collective agreement for the period 2024-2027. The agreement was reached following negotiations between the parties. The CFMEU sought approval of the agreement as a modern award under the Fair Work Act 2009. The Commission had to determine whether the agreement met the criteria for approval and if it complied with the Act's provisions.

The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of section 233 of the Fair Work Act 2009. This section outlines the conditions that a modern award must satisfy to be approved. The Commission needed to assess whether the agreement met these conditions, including its compliance with the provisions of the Act, and whether it provided for minimum terms and conditions of employment that were fair and reasonable.

In considering the application, the Commission examined the content of the agreement and the process through which it was negotiated. The Commission found that the agreement was the product of good faith bargaining and met the statutory requirements. The terms and conditions of employment were deemed fair and reasonable, and the agreement provided for protections that aligned with the objectives of the Fair Work Act. The Commission was satisfied that the agreement would promote productivity, economic performance, and industrial peace. As a result, the Commission approved the collective agreement as a modern award.

The Fair Work Commission approved the Sydney Plaster Pty Ltd / CFMEU Collective Agreement 2024-2027 as a modern award. This decision was based on the Commission's determination that the agreement met all statutory requirements and provided fair and reasonable terms and conditions of employment. The approval of the agreement ensures that it will govern the employment conditions between the parties for the specified period.

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