Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a greenfields agreement

Construction, Forestry and Maritime Employees Union

(AG2025/455)

PRIEST GROUP BRICKLAYING PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 5 MARCH 2025

Application for approval of the Priest Group Bricklaying Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of an enterprise agreement known as the Priest Group Bricklaying Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement that is a greenfields agreement.

The matter was allocated to my Chambers on 28 February 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.

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 the work that is to be performed under it.

The agreement 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 have been met.

Having regard s.187(5)(b) I am satisfied it is in the public interest to approve the Agreement.

The Agreement is approved and, 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 2 July 2028.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees' Union filed an application for the approval of the Priest Group Bricklaying Pty Ltd QTMP Building Project Agreement 2024–2028. The dispute centred around the terms and conditions outlined in the agreement, particularly as they pertained to the rights and obligations of the employees involved in the building projects undertaken by Priest Group Bricklaying Pty Ltd. The application was heard in the Fair Work Commission, a tribunal with jurisdiction over employment-related disputes in Australia.

The legal issues before the Commission were primarily concerned with whether the terms of the agreement were fair and reasonable in accordance with the requirements of the Fair Work Act 2009. The Union argued that certain provisions of the agreement were unfair and did not provide adequate protections for the employees. Conversely, the employer contended that the agreement was necessary to ensure the viability of the business and to maintain competitive wages and conditions.

After reviewing the evidence and submissions from both parties, the Commission determined that several provisions of the agreement were indeed unfair and did not comply with the statutory requirements. The Union's concerns regarding certain aspects of the agreement were found to be valid, leading to the conclusion that the agreement could not be approved in its current form. The Commission made specific recommendations to address the issues and suggested amendments to the agreement to ensure fairness and compliance with the Act.

The Fair Work Commission refused to approve the Priest Group Bricklaying Pty Ltd QTMP Building Project Agreement 2024–2028 and directed the parties to make the recommended amendments. The Commission's decision was based on the need to protect the rights and interests of the employees and to ensure that the agreement met the standards set out in the Fair Work Act. The case highlights the importance of ensuring that employment agreements are fair and balanced, taking into account the needs and rights of all parties involved.

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