Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 608

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/248)

DOWBURY PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building services
COMMISSIONER LEE	MELBOURNE, 17 FEBRUARY 2025

Application for approval of the Dowbury Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of an enterprise agreement known as the Dowbury Pty Ltd 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.

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 24 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for a collective agreement with Dowbury Pty Ltd for the period 2023–2027. The dispute centred on the terms and conditions of employment stipulated in the proposed agreement. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act.

The primary legal issue was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly in relation to the protection of employees' rights and interests. The Commission had to consider whether the agreement provided fair and reasonable terms for employees, in line with the Act's objectives of promoting economic prosperity, improving living standards, and enhancing industrial peace.

After reviewing the agreement, the Commission concluded that the proposed terms were fair and reasonable. The agreement included provisions for minimum wages, leave entitlements, and dispute resolution mechanisms that aligned with the statutory minimum standards. The Commission also noted the union's and the employer's efforts to reach a consensus, which facilitated a balanced agreement. As a result, the Commission approved the Dowbury Pty Ltd and CFMEU Union Collective Agreement 2023–2027.

The Fair Work Commission's decision to approve the agreement signals a commitment to ensuring that collective bargaining outcomes reflect the principles of fairness and reasonableness enshrined in the Fair Work Act. This decision sets a precedent for similar agreements, emphasising the importance of balancing the interests of both employers and employees.

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