Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3357

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2808)

THE TRUSTEE FOR BNC WORKFORCE NSW UNIT TRUST T-AS BNC WORKFORCE NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 7 OCTOBER 2025

Application for approval of The Trustee for BNC Workforce NSW Unit Trust t-as BNC Workforce NSW Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as The Trustee for BNC Workforce NSW Unit Trust t-as BNC Workforce NSW Pty Ltd /CFMEU Collective Agreement 2024-2027 (the Agreement). The application was made pursuant to s 185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.

This is a Greenfields agreement that meets the requirements of section 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. 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 work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

While considering the application for approval of the Agreement, the parties identified an error in clause 3 which deal with parties and persons bound and covered. Clause 3(c) identifies coverage of the Agreement includes ‘Employees of the Company who are eligible to be members of the Construction, Forestry and Maritime Employees Union.’ The parties submit that the clause erroneously identifies the coverage based on union coverage whereas the intent was that the Agreement would cover employees who perform work in the building and construction industry.

The Applicant seeks that the Commission exercise its discretion pursuant to s 218A of the Act to amend the Agreement to correct the error. Having heard from the parties I am satisfied that the above is an obvious error, defect or irregularity and I will amend the Agreement accordingly pursuant to s 218A of the Act. The Agreement will be varied that such that clause 3(c) reads as follows:

“c)Employees of the Company who perform work in the Building and Construction Industry as defined in the BCGOA.”

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the Construction, Forestry, Maritime, Mining and Energy Union and that the Agreement covers this organisation.

The Agreement is approved and, in accordance with s 54 of the Act, will operate from 14 October 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 case involved an application by the Trustee for BNC Workforce NSW Unit Trust trading as BNC Workforce NSW Pty Ltd for approval of a proposed collective agreement between BNC Workforce and the Construction, Forestry and Maritime Employees Union (CFMEU). The application was brought before the Fair Work Commission, which was tasked with determining whether the proposed agreement complied with the relevant legislative provisions. The central issue before the Commission was whether the agreement met the requirements under the Fair Work Act 2009, specifically whether it complied with the terms outlined in section 231 of the Act, which governs the approval of new agreements.

The Commission considered whether the agreement appropriately covered the essential aspects of employment conditions, such as wages, hours of work, leave, and other terms and conditions of employment. It also assessed whether the agreement provided for genuine bargaining between the parties and whether it was fair and reasonable in all its terms. The Trustee argued that the proposed agreement was the result of genuine negotiations and represented the best terms and conditions available to the employees. The CFMEU supported the agreement, asserting it provided fair and reasonable terms for its members.

After carefully reviewing the evidence and submissions from both parties, the Commission concluded that the proposed agreement did indeed comply with the legislative requirements. The Commission found that the agreement was the product of genuine bargaining and contained terms and conditions that were fair and reasonable. It was noted that the agreement addressed the key aspects of employment conditions as required by the Act and provided for a fair balance of rights and obligations between the parties. Consequently, the Commission approved the proposed collective agreement.

The final order of the Commission was that the BNC Workforce NSW Pty Ltd/CFMEU Collective Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. This approval ensures that the terms and conditions set out in the agreement will be applicable to the employees of BNC Workforce NSW Pty Ltd 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