Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 907

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/593)

ORMOND CONTRACTING PTY LTD AND CFMEU (WA) COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 14 MARCH 2025

Application for approval of the Ormond Contracting Pty Ltd and CFMEU (WA) Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Ormond Contracting Pty Ltd and CFMEU (WA) 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 14 March 2025 and, in accordance with s.54 of the Act, will operate from 21 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for a collective agreement with Ormond Contracting Pty Ltd for the period 2024-2027. The dispute centred on whether the terms of the proposed agreement complied with the applicable industrial laws and provisions of the Fair Work Act. The court was tasked with determining if the agreement met the necessary standards for approval, particularly concerning the provisions that regulated working conditions, wages, and dispute resolution mechanisms.

The key legal issues before the court were whether the proposed terms were consistent with the provisions of the Fair Work Act and whether they provided for a fair and reasonable framework for the employment relationship. The court examined whether the agreement adequately balanced the rights and obligations of both the employer and the employees, ensuring that it did not unfairly disadvantage either party. The court also considered if the agreement complied with the principles of good faith bargaining and whether it provided for fair and effective dispute resolution mechanisms.

After careful consideration of the arguments presented and the provisions of the agreement, the court found that the collective agreement was fair and reasonable. The court noted that the agreement provided for appropriate wage increases, reasonable working conditions, and effective dispute resolution mechanisms. The court concluded that the agreement met the necessary standards for approval under the Fair Work Act, and accordingly, granted the application for approval of the collective agreement. The court's decision was based on the premise that the agreement struck an appropriate balance between the rights and obligations of both parties and complied with the principles of good faith bargaining.

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