Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 603

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/213)

BROWN ENGINEERING & CONSTRUCTION PTY LTD T/AS BROWN STEEL AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027

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

Application for approval of the Brown Engineering & Construction Pty Ltd T/As Brown Steel and CFMEU Union Collective Agreement 2023-2027

An application has been made for approval of an enterprise agreement known as the Brown Engineering & Construction Pty Ltd T/As Brown Steel and CFMEU Union Collective Agreement 2023-2027 (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 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Brown Engineering & Construction Pty Ltd trading as Brown Steel. The primary dispute centred on the approval of a collective agreement between the two parties for the period 2023-2027. The application was made to the relevant industrial tribunal seeking confirmation that the agreement met all the necessary legal standards and was fair and reasonable for both parties.

The court was tasked with determining whether the collective agreement complied with the relevant industrial legislation, including provisions regarding procedural fairness, and whether it contained terms that were not detrimental to the employees or the employer. The focus was on ensuring that the agreement provided a balanced set of rights and obligations that were fair and equitable for all involved. The court also had to consider if the agreement met the statutory requirements for approval, including whether the agreement was made in good faith and whether it adhered to any prescribed processes.

After thorough examination, the court found that the collective agreement met all the necessary legal requirements. The agreement was deemed to be fair and reasonable, with both parties having had the opportunity to engage in negotiations in good faith. The court also found that the agreement complied with all procedural and substantive requirements under the relevant industrial legislation. Consequently, the court approved the collective agreement, confirming its validity and enforceability.

No further orders were made beyond the approval of the collective agreement as it was presented. The decision affirmed the agreement as a legitimate and binding contract between the union and the employer for the specified period.

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