Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 677

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/354)

IMPERIAL STONE GROUP PTY LTD T/AS IMPERIAL STONE AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Imperial Stone Group Pty Ltd T/As Imperial Stone and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Imperial Stone Group Pty Ltd T/As Imperial Stone and CFMEU Union Collective Agreement 2023–2027 (the Agreement). 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 19 December 2024 and the Agreement was made on 5 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 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Imperial Stone Group Pty Ltd, trading as Imperial Stone. The nature of the dispute centred around the application for approval of a collective agreement between the two entities for the period 2023-2027. This matter was heard by the Fair Work Commission (FWC), an Australian tribunal responsible for resolving workplace disputes. The CFMEU sought approval for the collective agreement, which detailed the terms and conditions of employment for workers in the stone industry.

The primary legal issues before the FWC were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in terms of its coverage, content, and procedural fairness. The FWC needed to determine if the agreement was made in good faith, if it contained all necessary minimum terms and conditions, and if the process by which the agreement was made was fair and reasonable. Additionally, the FWC examined if the agreement provided for the resolution of any disputes that might arise during its term and if it included appropriate mechanisms for reviewing and varying the agreement in the future.

In its reasoning, the FWC found that the collective agreement met all the necessary legal requirements. The agreement was comprehensive and covered all the essential minimum terms and conditions, ensuring that it was fair and reasonable for the workers involved. The FWC also determined that the agreement was made in good faith and that the process for its creation was procedurally fair. The tribunal was satisfied that the agreement included appropriate dispute resolution mechanisms and that it provided for future reviews and variations as needed. Consequently, the FWC approved the application for the CFMEU Union Collective Agreement 2023–2027.

The final orders of the FWC included the approval of the CFMEU Union Collective Agreement 2023–2027, recognising it as a registered agreement under the Fair Work Act. This decision meant that the terms and conditions set out in the agreement would be binding on both parties and applicable to the workers within the stone industry for the specified period.

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