Construction, Forestry and Maritime Employees Union

[2025] FWCA 997

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/680)

ALIMAK GROUP AUSTRALIA PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 MARCH 2025

Application for approval of the Alimak Group Australia Pty Ltd/ CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Alimak Group Australia 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.

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.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the Alimak Group Australia Pty Ltd/CFMEU Collective Agreement 2024-2027. The dispute arose under the Fair Work Act 2009, and was heard in the Fair Work Commission. The CFMEU sought the Commission's approval of the collective agreement, which had been negotiated between the union and the employer. The employer, Alimak Group Australia Pty Ltd, opposed the application, arguing that certain provisions of the agreement were not consistent with the Fair Work Act.

The primary legal issue before the Commission was whether the collective agreement was consistent with the provisions of the Fair Work Act. The Commission needed to determine if the agreement met the requirements for registration and if it complied with the Act's provisions on enterprise agreements. Specifically, the Commission examined whether the agreement contained any provisions that were contrary to the Act, such as those that might contravene the lawful terms of employment or otherwise be unfair. The Commission also considered whether the agreement had been negotiated in good faith and if it had been properly executed.

In making its decision, the Commission carefully reviewed the provisions of the agreement and considered the arguments presented by both parties. The Commission found that the collective agreement was generally consistent with the Fair Work Act. It concluded that the agreement contained lawful terms and did not contravene the provisions of the Act. The Commission also determined that the agreement had been negotiated in good faith and was properly executed. Accordingly, the Commission approved the collective agreement as compliant with the Fair Work Act.

As a result of the Commission's decision, the Alimak Group Australia Pty Ltd/CFMEU Collective Agreement 2024-2027 was approved and registered under the Fair Work Act. The agreement will now govern the employment terms and conditions of the employees covered by the agreement for the specified period. The decision ensures that the agreement remains in force and effect, providing a framework for the employment relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established