Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 759

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/414)

THE TRUSTEE FOR THE HASSON PROJECTS TRUST T-AS HASSON PROJECTS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of The trustee for The Hasson Projects Trust t-as Hasson Projects Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as The trustee for The Hasson Projects Trust t-as Hasson Projects 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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.

The Agreement was approved on 27 February 2025 and will come into operation in accordance with s.54 of the Act. 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 applicant, The Trustee for The Hasson Projects Trust trading as Hasson Projects Pty Ltd, sought approval of a collective agreement with the Construction, Forestry and Maritime Employees Union. The matter was heard in the Fair Work Commission, where the central issue was whether the agreement was consistent with the requirements set out in the Fair Work Act 2009. The agreement in question was between the applicant and the Union, covering a period of 2024 to 2027, and aimed to establish terms and conditions of employment for workers.

The Commission examined whether the agreement complied with the legislative framework and if it was fair and reasonable in all its aspects. Specifically, the court assessed whether the agreement provided for genuine employee representation, did not discriminate against employees, and did not undermine the principles of the Act, including those relating to freedom of association and the right to bargain collectively. The applicant argued that the agreement was in the best interests of the employees and was a fair representation of the negotiations that had taken place. The Union supported the application, asserting that the terms were equitable and met the legislative standards.

The Commission found that the agreement was consistent with the statutory requirements and was fair and reasonable. The decision was based on the comprehensive nature of the negotiations, the provisions for employee representation, and the alignment of the agreement with the principles of the Fair Work Act. The Court approved the collective agreement, recognising the efforts of both parties in reaching a mutually beneficial outcome. As a result, the agreement was to be registered and would govern the employment conditions for the specified period, providing a clear framework for the employer and employees.

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