Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 926

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/575)

TURNER BROS COMMERCIAL PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MARCH 2025

Application for approval of the Turner Bros Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Turner Bros Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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 24 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve a collective agreement between the CFMEU and Turner Bros Commercial Pty Ltd for the period 2023–2027. The dispute centred on whether the terms of the proposed agreement complied with the applicable industrial laws and standards. The Fair Work Commission was the court tasked with examining the application and determining whether the collective agreement should be approved.

The key legal issues that the court had to resolve included whether the proposed collective agreement adhered to the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. The court needed to assess whether the agreement was a good faith bargain and whether it contained terms and conditions that were fair and reasonable. The court also had to consider if the agreement provided for proper workplace relations, including provisions for dispute resolution mechanisms.

The Fair Work Commission thoroughly examined the proposed collective agreement, taking into account the submissions from both the CFMEU and Turner Bros Commercial Pty Ltd. The court found that the agreement was a genuine attempt at a good faith negotiation process and that it contained terms and conditions that were fair and reasonable. The court concluded that the agreement was in compliance with the relevant industrial laws and standards and approved the collective agreement. The approval was subject to the condition that Turner Bros Commercial Pty Ltd would implement the agreed-upon terms and conditions in a manner consistent with the agreement.

The court ordered that the Turner Bros Commercial Pty Ltd and CFMEU Union Collective Agreement 2023–2027 be approved, effective from 1 July 2023. The approval was subject to Turner Bros Commercial Pty Ltd implementing the agreed-upon terms and conditions in a manner consistent with the agreement. The court also ordered that any disputes arising from the interpretation or implementation of the agreement would be resolved through the agreed-upon dispute resolution mechanisms. The decision marked a significant step in the ongoing relationship between the CFMEU and Turner Bros Commercial Pty Ltd, providing a framework for fair and reasonable workplace relations for the duration of the agreement.

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