Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 762

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/247)

SHEPHERDS FLOORING PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the Shepherds Flooring Pty Ltd and CFMEU Union Collective Agreement 2023 – 2027.

An application has been made for approval of a greenfields agreement known as the Shepherds Flooring Pty Ltd and CFMEU Union Collective Agreement 2023 - 2027 (the Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) pursuant to s.185 of the Fair Work Act 2009 (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, 187, 193 and 193A 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 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.

Pursuant to s.53(2)(b) of the Act I note the Agreement was made with the CFMEU and that the Agreement covers this organisation.

The Agreement was approved on 27 February 2025 and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve the Shepherds Flooring Pty Ltd and CFMEU Union Collective Agreement 2023 – 2027. The dispute centred on whether the proposed collective agreement complied with the relevant industrial relations legislation and whether it contained provisions that were fair and reasonable for all parties involved.

The court was tasked with determining whether the collective agreement met the criteria for approval under the relevant industrial relations legislation. Specifically, the court had to assess if the agreement contained terms and conditions that were just and equitable and whether it adhered to the statutory requirements for collective agreements. The court also needed to consider if the agreement had been negotiated in good faith and whether it provided for a fair and efficient resolution of potential disputes between the employer and employees.

The court carefully examined the terms of the proposed collective agreement, taking into account the provisions of the relevant industrial relations legislation. The court found that the agreement contained provisions that were fair and reasonable for both the employer and employees. The court was satisfied that the agreement had been negotiated in good faith and that it provided for an efficient resolution of potential disputes. Accordingly, the court approved the Shepherds Flooring Pty Ltd and CFMEU Union Collective Agreement 2023 – 2027.

The court ordered that the Shepherds Flooring Pty Ltd and CFMEU Union Collective Agreement 2023 – 2027 be approved and registered as a valid collective agreement under the relevant industrial relations legislation. The court's decision provided clarity and certainty for both the employer and employees, ensuring that the terms of the agreement were fair and reasonable for 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