Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 814

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/476)

MALOO ACCESS GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2A24-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MARCH 2025

Application for approval of the Maloo Access Group Pty Ltd/CFMEU Collective Agreement 2024-2027

[1] An application has been made for approval of a Greenfields agreement known as the Maloo Access Group Pty Ltd/CFMEU Collective Agreement 2024-2027(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.

[2] 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 Agreement was made on 20 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] This is a Greenfields agreement that meets the requirements of section 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 have been met. In accordance with s.187(5)(a) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 March 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for the approval of a collective agreement with Maloo Access Group Pty Ltd. The dispute involved the terms and conditions of employment as set out in the proposed agreement for the period 2024 to 2027. The Fair Work Commission was tasked with determining whether the agreement met the necessary standards and criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the requirements for good faith bargaining, and whether it provided for a fair and reasonable outcome for the employees. Additionally, the Commission had to consider whether the agreement included provisions that met the standards of the National Employment Standards and the safety provisions outlined in the Fair Work Act. The court needed to ensure that the agreement was not contrary to public policy and that it did not contravene any existing laws.

After examining the contents of the agreement, the Fair Work Commission found that the agreement met the criteria for approval. The Commission noted that the agreement had been reached through good faith bargaining between the parties, and it contained provisions that were fair and reasonable for the employees. The Commission further determined that the agreement did not contravene any existing laws and provided adequate protections in terms of the National Employment Standards and safety provisions. Consequently, the Commission approved the Maloo Access Group Pty Ltd/CFMEU Collective Agreement 2024-2027.

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