Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/501)

CALEDONIA INDUSTRIAL PTY LTD AND CFMEU (WA) (SCAFFOLDING) GREENFIELDS AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2025

Application for approval of the Caledonia Industrial Pty Ltd and CFMEU (WA) (Scaffolding) Greenfields Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Caledonia Industrial Pty Ltd and CFMEU (WA) (Scaffolding) Greenfields Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 7 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for an industrial agreement with Caledonia Industrial Pty Ltd under the Fair Work Act 2009. The matter was heard in the Fair Work Commission. The agreement, known as the Caledonia Industrial Pty Ltd and CFMEU (WA) (Scaffolding) Greenfields Agreement 2024-2027, aimed to regulate the terms and conditions of employment for scaffolding workers at Caledonia Industrial’s Greenfields site over the next three years. The CFMEU argued that the agreement was fair and reasonable, while Caledonia Industrial expressed concerns about the implications of the agreement's provisions on their business operations and competitiveness.

The key legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act, specifically whether it was a "better off overall test" agreement and whether it complied with the "good faith" requirement. The Commission needed to determine if the agreement provided employees with a better overall package of wages and conditions compared to the relevant award or previous agreement, and whether the parties had acted in good faith during the negotiation process. The Commission also considered whether the agreement included appropriate protections for employees, such as provisions for workplace health and safety, and whether it adequately addressed the interests of both parties.

In assessing the agreement, the Commission examined the terms and conditions set out in the agreement, including wages, hours of work, leave provisions, and other employment terms. The Commission noted that the agreement provided employees with higher wages and additional benefits compared to the relevant award, which supported the argument that the agreement was better off overall for the employees. Additionally, the Commission found that both parties had acted in good faith during the negotiation process, as evidenced by the extensive consultation and negotiation efforts undertaken. The Commission also highlighted the inclusion of robust workplace health and safety provisions within the agreement, which demonstrated a commitment to employee welfare. Based on these findings, the Commission determined that the agreement met the criteria for approval under the Fair Work Act.

The Commission approved the Caledonia Industrial Pty Ltd and CFMEU (WA) (Scaffolding) Greenfields Agreement 2024-2027, finding that it was a fair and reasonable agreement that met the better off overall test and complied with the good faith requirement. The Commission's decision was based on the comprehensive terms and conditions of the agreement, the evidence of good faith negotiations, and the inclusion of adequate protections for employees. The approval of the agreement ensures that the terms and conditions of employment for scaffolding workers at Caledonia Industrial’s Greenfields site will be governed by the agreed-upon terms for the next three years.

Construction, Forestry and Maritime Employees Union

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