Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/370)

BRIGHTON CEILINGS PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 24 FEBRUARY 2025

Application for approval of the Brighton Ceilings Pty Limited / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the Brighton Ceilings Pty Limited / 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 24 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 Construction, Forestry and Maritime Employees Union (CFMEU) filed an application for the approval of a proposed collective agreement with Brighton Ceilings Pty Limited, covering the period 2024 to 2027. The application was heard in the Fair Work Commission, which has jurisdiction over matters relating to workplace relations and industrial agreements in Australia. The CFMEU sought the Commission's approval of the agreement, which included terms and conditions of employment for workers in the ceiling industry.

The legal issues before the Commission centred on whether the proposed collective agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement met the criteria for approval under section 234 of the Act, including whether it provided for the fair and efficient determination of terms and conditions of employment, and whether it promoted high-quality employment outcomes. The Commission also considered whether the agreement adequately protected the rights of employees and employers and whether it aligned with the broader objectives of the Fair Work Act.

In making its decision, the Commission examined the content and provisions of the proposed agreement in detail. It considered the various terms and conditions outlined in the agreement, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also took into account submissions from both the CFMEU and Brighton Ceilings Pty Limited, as well as any relevant precedents and guidelines. Based on its analysis, the Commission found that the proposed agreement met the necessary criteria for approval and was in the best interests of both employees and employers. Consequently, the Commission approved the collective agreement, ensuring that it would provide a fair and effective framework for the ceiling industry over the specified period.

The final orders of the Commission included the approval of the Brighton Ceilings Pty Limited / CFMEU Collective Agreement 2024-2027, which would now serve as a legally binding document governing the employment terms and conditions for workers in the ceiling industry. The Commission's decision provided certainty and stability for both the CFMEU and Brighton Ceilings Pty Limited, as well as for the employees and employers covered by the agreement. This outcome demonstrated the Commission's commitment to facilitating fair and efficient workplace relations and promoting high-quality employment outcomes in Australia.

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