Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/470)

CONSTRUCTION, FORESTRY, MINING & ENERGY, INDUSTRIAL UNION OF EMPLOYEES, QUEENSLAND ADMINISTRATIVE EMPLOYEES, AGREEMENT 2025

Clerical industry
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 MARCH 2025

Application for approval of the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Administrative Employees Agreement 2025

An application has been made for approval of an enterprise agreement known as the Construction, Forestry, Mining & Energy, Industrial Union of Employees, Queensland Administrative Employees Agreement 2025 (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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 2 December 2024 and the Agreement was made on 11 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 21 March 2025. The nominal expiry date of the Agreement is 1 January 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry, Mining & Energy Union of Australia for approval of the Queensland Administrative Employees Agreement 2025. The dispute centred around the terms and conditions outlined in the proposed agreement, including wage rates, working hours, and other employment provisions. The Commission was tasked with determining whether the agreement met the necessary standards and requirements set forth by the Fair Work Act 2009.

The primary legal issues addressed by the Commission were whether the proposed agreement provided for a fair and reasonable standard of employment, was consistent with the Fair Work Act, and would not have an adverse effect on the national economy or employment conditions. Additionally, the Commission examined whether the agreement adequately covered the essential terms and conditions of employment and was fair and reasonable in all respects.

In reaching its decision, the Commission considered the evidence and submissions provided by the parties. The Commission found that the proposed agreement contained provisions that were fair and reasonable, met the standards of the Fair Work Act, and would not have an adverse effect on the national economy or employment conditions. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and provided for a fair and reasonable standard of employment for the employees covered by the agreement. Consequently, the Commission approved the agreement, subject to certain modifications to address minor issues identified during the review process.

The final orders of the Commission included the approval of the Queensland Administrative Employees Agreement 2025, with specified modifications to be implemented to ensure compliance with the Fair Work Act. The approved agreement now serves as the basis for the employment terms and conditions for the employees covered by the agreement, providing a framework for fair and reasonable employment practices in the relevant industries.

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