Construction, Forestry and Maritime Employees Union

[2025] FWCA 447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/173)

ORIEL BUILDING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 FEBRUARY 2025

Application for approval of the Oriel Building Services 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 Oriel Building Services 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 5 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Oriel Building Services Pty Ltd, where the CFMEU sought approval for a collective agreement covering the years 2024 to 2027. The application was heard by the Fair Work Commission, an Australian body responsible for regulating workplace relations. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and aligned with principles of good faith bargaining and fairness.

The primary legal issue before the court was whether the collective agreement adhered to the statutory provisions and principles of fair work legislation. This included examining if the agreement was reached through genuine bargaining, if it provided fair terms and conditions of employment, and if it complied with procedural requirements under the Act. The court also needed to determine if any provisions within the agreement were unreasonable or unjust, particularly in terms of employee protections and workplace standards.

In its decision, the Commission found that the collective agreement substantially complied with the Fair Work Act, as it was the product of genuine negotiations between the parties. The court acknowledged the complexities of the bargaining process but ultimately concluded that the agreement was fair and reasonable, taking into account the specific context of the industry. The Commission emphasised the importance of good faith in the bargaining process and noted that while some terms were challenging, they were not unreasonable given the circumstances. The Commission approved the agreement, finding it to be in the best interests of the employees and compliant with legislative requirements.

The final orders of the Commission were that the Oriel Building Services Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved as filed, subject to any minor corrections as might be required to ensure full compliance with the Fair Work Act. This decision provided clarity and certainty for the parties involved, allowing the agreement to come into effect as planned.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established