Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/390)

CM GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 FEBRUARY 2025

Application for approval of the CM Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the CM Group Pty Ltd / CFMEU Collective Agreement 2024-2027. 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.

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 6 December 2024 and the Agreement was made on 10 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

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.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 February 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between the CFMEU and CM Group Pty Ltd. The agreement, covering the period 2024 to 2027, was subject to the scrutiny of the Fair Work Commission to determine whether it complied with the relevant legislative provisions and whether it was in the best interests of the employees.

The primary legal issues addressed by the Commission were whether the collective agreement met the requirements set out in the Fair Work Act 2009 and whether it adhered to the principles of good faith bargaining and fairness. The Commission had to assess the terms and conditions of the agreement, including wages, hours of work, leave provisions, and other employment-related matters, to ensure they were fair and reasonable. Additionally, the Commission needed to confirm that the agreement was made in good faith and without coercion, as mandated by the legislation.

In its decision, the Commission examined the negotiation process and the content of the collective agreement. It found that the agreement had been made in good faith and without coercion, and that the terms and conditions were fair and reasonable. The Commission also noted that the agreement provided for appropriate protections and benefits for employees, including provisions for wage increases, improved working conditions, and mechanisms for resolving disputes. The Commission was satisfied that the collective agreement complied with the statutory requirements and was in the best interests of the employees. Consequently, the Commission approved the collective agreement for the period specified.

The Fair Work Commission ordered the approval of the CM Group Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its compliance with the Fair Work Act 2009 and its alignment with the principles of good faith bargaining and fairness. The agreement was deemed to be in the best interests of the employees and was therefore approved in its entirety.

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