Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 923

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/594)

WHARTON CORPORATION PTY. LTD. T-AS ACTION ALLIANCE / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 MARCH 2025

Application for approval of the Wharton Corporation Pty. Ltd. t-as Action Alliance / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Wharton Corporation Pty. Ltd. t-as Action Alliance / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 17 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new collective agreement between the Wharton Corporation Pty Ltd and the Construction, Forestry and Maritime Employees Union. The agreement, which was set to cover the period from 2024 to 2027, was proposed as a successor to the existing agreement. The dispute centred around whether the terms and conditions outlined in the new agreement were fair and reasonable, and if they complied with the relevant provisions of the Fair Work Act 2009.

The key legal issues before the Commission were whether the proposed agreement met the requirements of being "protected action" under the Act, and if it contained terms that were fair and reasonable in all aspects. The Commission had to ensure that the agreement did not undermine the general principles of the Fair Work Act, particularly those related to the protection of employees' rights and the prevention of unfair dismissals. Additionally, the Commission considered whether the agreement appropriately balanced the interests of both the employer and the union, and if it was consistent with the principles of good faith bargaining.

After reviewing the evidence and submissions from both parties, the Commission concluded that the proposed agreement was fair and reasonable. The Commission found that the terms of the agreement were consistent with the principles of the Fair Work Act, and that they appropriately balanced the interests of the employer and the employees. The Commission also determined that the agreement was the product of genuine and good faith bargaining, and that it did not undermine the general principles of the Act. Therefore, the Commission approved the Wharton Corporation Pty Ltd and CFMEU Collective Agreement 2024-2027 as protected action. The final orders of the Commission were that the agreement be registered as a protected action agreement, effective from the date of the decision.

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