Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 701

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/360)

ST GEORGE INTERIORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the St George Interiors Pty Ltd / CFMEU Collective Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the St George Interiors 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 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 applied for approval of a proposed collective agreement between St George Interiors Pty Ltd and the union, covering the period from 2024 to 2027. The application was heard in the Fair Work Commission, where the union argued that the proposed agreement was in the best interests of the employees and the employer. The employer, on the other hand, contended that certain provisions of the agreement were unreasonable and would impose undue financial burdens.

The primary legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing the agreement's fairness and reasonableness, including its impact on the employer's operational capacity and the employees' terms and conditions of employment. The Commission also had to consider whether the agreement provided for proper dispute resolution mechanisms and whether it aligned with the principles of enterprise bargaining.

The Fair Work Commission found that the proposed agreement was largely fair and reasonable, taking into account the specific circumstances of the parties involved. The Commission noted that the agreement included provisions for reasonable working hours, adequate wages, and suitable dispute resolution mechanisms. While the employer raised concerns about certain financial implications, the Commission determined that these provisions were necessary to ensure fair and equitable treatment of the employees. Consequently, the Commission approved the application and granted the agreement a four-year term, effective from 1 January 2024.

The Commission ordered that the St George Interiors Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and registered, effective from the date of the decision. The agreement was to be binding on all employees covered by the enterprise agreement and the employer. The Commission also directed that the agreement be published on the Fair Work Ombudsman’s website to ensure transparency and compliance with the Fair Work Act 2009.

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