Construction, Forestry and Maritime Employees Union

[2025] FWCA 792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/392)

PRESTIGE PRECAST PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 MARCH 2025

Application for approval of the Prestige Precast Pty Ltd / CFMEU Collective Agreement 2024-2027

[1] An application has been made for approval of an enterprise agreement known as the Prestige Precast 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. The Agreement is a single enterprise agreement.

[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 notification time for the Agreement under s.173(2) was 17 January 2025 and the Agreement was made on 7 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] 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.

[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 10 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

The parties involved in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Prestige Precast Pty Ltd. The dispute centred around the application for approval of the Collective Agreement between the two parties for the period 2024 to 2027. The application was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed terms of the agreement complied with the relevant provisions of the Fair Work Act 2009, and whether the agreement was in the best interests of the employees. Specifically, the Commission had to consider whether the agreement provided for appropriate minimum rates of pay and conditions, and whether it adequately protected employees' rights and entitlements.

In determining whether the agreement complied with the Act, the Commission considered the submissions of both parties and relevant legal precedents. The Commission found that the proposed terms of the agreement provided for appropriate minimum rates of pay and conditions, and that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for a number of improvements to the employees' conditions, including increased pay rates and improved leave provisions. The Commission also found that the agreement adequately protected employees' rights and entitlements, and that it complied with the relevant provisions of the Act.

The Fair Work Commission approved the Prestige Precast Pty Ltd / CFMEU Collective Agreement 2024-2027, finding that it complied with the relevant provisions of the Fair Work Act 2009 and was in the best interests of the employees. The Commission noted that the agreement provided for appropriate minimum rates of pay and conditions, and that it adequately protected employees' rights and entitlements. The Commission also found that the agreement provided for a number of improvements to the employees' conditions, and that it was in the best interests of the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established