Construction, Forestry and Maritime Employees Union

Case •

[2025] FWCA 440

•

5 FEBRUARY 2025
[2025] FWCA 440

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4919)

APEX FACADES QLD OPERATIONS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 5 FEBRUARY 2025

Application for approval of the Apex Facades QLD Operations Pty Ltd and CFMEU Union Collective Agreement 2023-2027

  1. An application has been made for approval of an enterprise agreement known as the Apex Facades QLD Operations Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 18 December 2024.

  1. On 8 January 2025, I conducted a telephone conference with the parties to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

  1. On 4 February 2025, the Applicant provided a statutory declaration of Joshua Thompson which resolved the pre-approval concern identified.

  1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

  1. 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 this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.


COMMISSIONER

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