Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 589

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/277)

SYDNEY PROJECTS CO (AUSTRALIA) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 FEBRUARY 2025

Application for approval of the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Sydney Projects Co (Australia) Pty Ltd / CFMEU Collective Agreement 2024-2027 (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 14 February 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 applied for the approval of a collective agreement between the Sydney Projects Co (Australia) Pty Ltd and the union, covering the period 2024 to 2027. The applicant union argued that the agreement was made in good faith and that it was fair and reasonable. The employer contested the application on various grounds, including the assertion that the agreement contained terms that were unreasonable and not made in good faith.

The central legal issues the Commission needed to resolve were whether the agreement was made in good faith and whether it was fair and reasonable. The Commission examined the process through which the agreement was negotiated, the terms of the agreement, and the context in which it was made. The Commission also considered the arguments and evidence presented by both parties, including the employer's assertion that certain terms were unreasonable and had not been negotiated in good faith.

In its decision, the Commission found that the agreement was made in good faith. The Commission noted that the negotiation process was conducted in a manner consistent with best practices and that the terms of the agreement reflected a fair and reasonable balance of the interests of both parties. The Commission also found that the terms of the agreement were fair and reasonable, despite the employer's objections. The Commission concluded that the agreement met the statutory criteria for approval and was in the best interests of the employees covered by the agreement.

The Commission approved the collective agreement, finding it to be fair and reasonable and made in good faith. The employer was directed to give effect to the terms of the agreement, which would now govern the employment conditions of the employees covered by the agreement for the period 2024 to 2027.

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