Construction, Forestry and Maritime Employees Union

[2025] FWCA 917

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/579)

CHERRIE CIVIL ENGINEERING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 14 MARCH 2025

Application for approval of the Cherrie Civil Engineering Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Cherrie Civil Engineering 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 12 March 2025.

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

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 collective agreement between Cherrie Civil Engineering Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024 to 2027. The Commission was asked to determine whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the interests of the employees and employers covered by the agreement. The union argued that the agreement was fair and equitable, while the employer contended that certain provisions were unreasonable and detrimental to their business operations.

The central legal issue before the Commission was whether the proposed agreement contained provisions that were unfair within the meaning of section 235 of the Fair Work Act 2009. This involved assessing whether the terms of the agreement were procedurally and substantively fair, taking into account the balance of rights and obligations, and whether they promoted harmonious, productive and cooperative workplace relations. The Commission needed to scrutinise specific clauses in the agreement, particularly those relating to wages, working conditions, and dispute resolution mechanisms, to ensure they complied with the statutory criteria for fairness.

In delivering its decision, the Commission carefully considered the arguments of both parties and the content of the proposed agreement. The Commission found that while the majority of the agreement was fair and reasonable, certain provisions needed to be modified to meet the statutory requirements. After detailed analysis and amendments to specific clauses, the Commission approved the collective agreement, finding that it met the necessary standards of fairness and was in the best interests of the employees and employers. The Commission's approval was subject to the implementation of the agreed changes to ensure compliance with the Fair Work Act 2009.

The final orders of the Commission included the approval of the collective agreement, subject to the modifications made to certain clauses. The employer was directed to implement the changes within a specified timeframe, and both parties were required to adhere to the terms of the approved agreement. This decision underscores the importance of ensuring that collective agreements are both fair and in the interests of all parties involved, reflecting the Commission's role in maintaining balanced and productive industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established