Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 942

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/630)

ALKON CONSTRUCTIONS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 MARCH 2025

Application for approval of the Alkon Constructions Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Alkon Constructions 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 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 18 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

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between Alkon Constructions Pty Ltd and the CFMEU. The dispute centred around the terms and conditions outlined in the proposed collective agreement for the period 2024-2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards and requirements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the collective agreement was in accordance with the principles of good faith bargaining and met the requirements for approval under the Act. This involved assessing whether the agreement provided for the proper protection of employees' rights and interests, and whether it complied with the provisions regarding minimum entitlements and the protection of employee rights. The Commission also needed to consider whether the agreement provided for a fair and equitable resolution of workplace issues, taking into account the interests of both employers and employees.

In reaching its decision, the Fair Work Commission examined the terms of the proposed agreement in detail. It assessed the provisions regarding wages, hours of work, leave, and other employment conditions, ensuring they complied with the minimum standards set out in the Fair Work Act. The Commission considered the evidence presented by both parties and determined that the agreement was fair and reasonable, and provided for the proper protection of employees' rights and interests. The Commission found that the agreement was made in good faith and met all the necessary legal requirements for approval. Consequently, the Fair Work Commission approved the collective agreement between Alkon Constructions Pty Ltd and the CFMEU for the period 2024-2027.

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