Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 600

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/149)

AUSTRAL FITOUT PTY LTD/CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 FEBRUARY 2025

Application for approval of the Austral Fitout Pty Ltd/CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the

Austral Fitout Pty Ltd/CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 February 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for approval of a collective agreement between Austral Fitout Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024-2027. The union sought to have the agreement approved under the Fair Work Act, arguing that it met the necessary criteria for better off overall and at least as well off protections. Austral Fitout Pty Ltd contested the union's application, raising concerns about certain provisions within the agreement, particularly those relating to wages, conditions, and dispute resolution mechanisms.

The central legal issues for the Commission to determine were whether the collective agreement met the statutory requirements for better off overall and at least as well off protections. This involved assessing whether the agreement provided employees with terms and conditions that were not less favourable than those provided by the relevant industrial instrument or, if there was no relevant industrial instrument, not less favourable than the applicable minimum standards. Additionally, the Commission needed to consider whether the agreement provided employees with terms and conditions that were not less favourable than the applicable minimum standards.

The Commission thoroughly examined the terms and conditions proposed in the collective agreement. It found that the agreement provided employees with terms and conditions that were not less favourable than those provided by the relevant industrial instrument. The Commission also determined that the agreement provided employees with terms and conditions that were not less favourable than the applicable minimum standards. Therefore, the agreement met the statutory requirements for better off overall and at least as well off protections.

As a result of its findings, the Commission approved the collective agreement, noting that it provided employees with terms and conditions that met the necessary legal criteria. The approval was subject to the parties complying with the provisions of the agreement and the applicable laws. The Commission emphasised the importance of both parties adhering to the terms of the agreement to ensure the ongoing protection of employees' rights and conditions.

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