Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 653

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/233)

DELTA PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the Delta Pty Ltd QTMP Building Project Agreement 2024–2028

An application has been made for approval of an enterprise agreement known as the Delta Pty Ltd QTMP Building Project Agreement 2024–2028. The application was made pursuant to s.185 of the Fair Work Act 2009. 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 5 December 2024 and the Agreement was made on 21 January 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 26 February 2025. The nominal expiry date of the Agreement is 2 July 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for the Delta Pty Ltd QTMP Building Project Agreement 2024–2028. The union aimed to have the agreement recognised as a qualifying tradespersons’ modern award under the Fair Work Act 2009. The matter was heard by the Fair Work Commission.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval as a qualifying tradespersons’ modern award. The Commission needed to assess whether the agreement complied with the provisions of the Fair Work Act, including provisions related to employee representation, dispute resolution, and compliance with the National Employment Standards. Additionally, the Commission had to determine if the agreement provided for appropriate mechanisms to ensure fair and effective bargaining between the employer and employees.

The Fair Work Commission found that the proposed agreement was consistent with the statutory requirements and provided for fair and effective bargaining. The Commission approved the agreement, noting that it included provisions for employee representation, dispute resolution, and compliance with the National Employment Standards. The Commission was satisfied that the agreement met the necessary criteria and would serve the interests of both employers and employees within the construction, forestry, and maritime industries.

The Fair Work Commission approved the Delta Pty Ltd QTMP Building Project Agreement 2024–2028 as a qualifying tradespersons’ modern award. The Commission's decision recognised the agreement as meeting the statutory requirements for approval under the Fair Work Act 2009. The approval of this agreement is expected to provide stability and predictability in the relevant industries, ensuring that employers and employees have a clear understanding of their rights and obligations.

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