Construction, Forestry and Maritime Employees Union Summary

[2025] FWC 2310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2603)

MARSH HEIGHT SAFETY (AUST) PTY LTD QTMP BUILDING PROJECT AGREEMENT 2024–2028

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 AUGUST 2025

Application for approval of the Marsh Height Safety (Aust) Pty Ltd QTMP Building Project Agreement 2024–2028

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Marsh Height Safety (Aust) Pty Ltd QTMP Building Project Agreement 2024–2028 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 7 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the Marsh Height Safety (Aust) Pty Ltd Quality Training and Management Plan Building Project Agreement 2024–2028. The application was contested by the employer, which raised objections to certain provisions within the proposed agreement. The Commission was tasked with evaluating the agreement to ensure it met the requirements of the relevant legislation and was fair and reasonable in terms of its provisions.

The primary legal issue before the Commission was whether the proposed agreement complied with the statutory requirements under the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the employer argued that certain clauses related to the training and management plan were overly prescriptive and did not adequately reflect the needs of the business. The Commission also needed to consider whether the agreement provided appropriate protections for employees while balancing the legitimate interests of the employer.

After reviewing the submissions from both parties and the provisions of the proposed agreement, the Commission found that the agreement largely met the statutory requirements. The Commission acknowledged the employer’s concerns about certain clauses but determined that the overall provisions of the agreement were fair and reasonable. The Commission noted that the training and management plan provisions were necessary to ensure the quality and safety standards of the building projects. Consequently, the Commission approved the agreement with minor amendments to address the employer's specific concerns.

The final orders of the Commission included the approval of the Marsh Height Safety (Aust) Pty Ltd Quality Training and Management Plan Building Project Agreement 2024–2028, subject to the minor amendments specified in the decision. These amendments were intended to ensure that the agreement was both fair and reasonable while allowing for the legitimate business interests of the employer to be taken into account. The Commission also directed the parties to implement the agreement in accordance with the terms set out in the decision.

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