Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/4976)

TRUSTEE FOR ALLSTARS CONSTRUCTION CLEANING DISCRETIONARY TRUST T/AS ALLSTARS CONSTRUCTION CLEANING QLD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the The Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD and CFMEU Union Collective Agreement 2023–2027. 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 13 November 2024 and the Agreement was made on 5 December 2024. 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 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this application were the Construction, Forestry and Maritime Employees Union and the Trustee for Allstars Construction Cleaning Discretionary Trust trading as AllStars Construction Cleaning QLD. The dispute centred around the application for approval of a union collective agreement between the parties, covering the period from 2023 to 2027. The application was heard in the Fair Work Commission, the body responsible for overseeing industrial relations matters in Australia.

The legal issues the court needed to determine were whether the collective agreement complied with the relevant provisions of the Fair Work Act 2009, specifically focusing on whether it met the requirements for "better off overall and in the round" (BOOT) and if the agreement was genuinely negotiated between the parties. Additionally, the court had to consider whether the agreement was consistent with the principles of enterprise flexibility, as outlined in the legislation.

The court found that the collective agreement did indeed meet the BOOT requirements, as it provided for improvements in wages and conditions for the employees. The court also determined that the agreement was genuinely negotiated and consistent with the principles of enterprise flexibility. As a result, the court approved the collective agreement.

The final orders of the court were that the union collective agreement between the Construction, Forestry and Maritime Employees Union and the Trustee for Allstars Construction Cleaning Discretionary Trust T/As AllStars Construction Cleaning QLD, covering the period from 2023 to 2027, was approved. The court's decision was based on the findings that the agreement met the BOOT requirements, was genuinely negotiated, and was consistent with the principles of enterprise flexibility.

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