Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 919

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/601)

ADVANCED PRECAST (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 17 MARCH 2025

Application for approval of the Advanced Precast (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Advanced Precast (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 March 2025.

In so far as the employees were not provided with 7 full calendar days’ notice before the vote was conducted, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the Advanced Precast (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027. The dispute arose from negotiations between the union and the employer concerning the terms and conditions of employment for workers in the precast concrete industry in New South Wales. The union sought to have the agreement recognised as a certified agreement under the Fair Work Act 2009. The employer, Advanced Precast (NSW) Pty Ltd, contested certain provisions of the agreement, arguing they were contrary to public policy or not in the public interest.

The legal issues before the Commission included whether the agreement met the statutory requirements for certification and whether any of its provisions contravened public policy or were otherwise in the public interest. The Commission examined the agreement's provisions concerning wages, hours of work, and other employment conditions, as well as any potential impacts on the broader industry and the public. The union argued that the agreement was fair and balanced, reflecting the needs of both employers and employees, while the employer contended that certain provisions would impose undue financial burdens and could lead to unfair competitive disadvantages.

After considering submissions from both parties and reviewing the agreement's provisions, the Commission determined that the Advanced Precast (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 was fit to be approved. The Commission found that the agreement was generally fair and reasonable, providing adequate protections for employees while also taking into account the employer's need to operate a viable business. The Commission did, however, make some minor amendments to the agreement to address specific concerns about public policy implications. These amendments ensured that the agreement would not unduly burden the employer or create unfair competitive disadvantages within the industry.

The Commission approved the Advanced Precast (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, with the minor amendments noted. The union and employer were directed to take all necessary steps to give effect to the approved agreement, ensuring that it was implemented in accordance with the Fair Work Act 2009 and the terms of the certified agreement. The decision provides clarity for both parties and sets a benchmark for future negotiations in the precast concrete industry in New South Wales.

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