Construction, Forestry and Maritime Employees Union Summary

[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

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.

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

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.

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

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in the case were the Construction, Forestry and Maritime Employees Union and Apex Facades QLD Operations Pty Ltd. They sought approval for their Collective Agreement 2023-2027, which outlined the terms and conditions of employment for workers within the specified industry. The Fair Work Commission was tasked with determining whether the agreement should be approved and registered under the Fair Work Act 2009. The dispute centred on the fairness and reasonableness of the proposed agreement, considering the interests of both employees and employers.

The key legal issues that the Commission had to address included whether the agreement met the requirements of the Fair Work Act, particularly in terms of fairness and reasonableness. This involved examining the agreement's provisions concerning wages, conditions, dispute resolution, and other employment-related matters. The Commission also had to consider whether the agreement provided an appropriate balance between the rights and obligations of both parties and whether it was consistent with the broader objectives of the Fair Work Act.

In reaching its decision, the Commission evaluated the evidence and submissions presented by both parties. It considered the economic context, the bargaining power of the parties, and the overall fairness of the agreement. The Commission found that the agreement met the necessary criteria and was fair and reasonable, taking into account the interests of both employees and employers. Consequently, the Commission approved the agreement and ordered its registration under the Fair Work Act.

The final orders included the approval and registration of the Apex Facades QLD Operations Pty Ltd and CFMEU Union Collective Agreement 2023-2027, ensuring that the terms and conditions outlined within the agreement would govern the employment relationship between the parties for the specified period. The agreement was deemed to be in the best interests of both employees and employers, promoting a fair and balanced approach to industrial relations within the industry.

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