Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2875

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2787)

SUBZERO QLD PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 OCTOBER 2025

Application for approval of the Subzero Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022

An application has been made for approval of a greenfields agreement known as the Subzero Qld Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (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).

Based on the matters declared in the Form F20 – Employer’s declaration, I find this is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.

In accordance with s.187(5) of the Act, I am satisfied that the Construction, Forestry and Maritime Employees Union is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to the work that is to be performed under it, and that it is in the public interest to approve the Agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to the application for approval of the Agreement have been met.

I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2025. The nominal expiry date of the Agreement is 1 November 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of a Union Collective Agreement for Subzero Queensland Pty Ltd's Union Collective Agreement 2022, presented by the Construction, Forestry and Maritime Employees Union. The dispute arose in the Fair Work Commission, which was tasked with determining whether the agreement met the necessary legal standards for approval. The court was required to assess the agreement against the criteria set out in the Fair Work Act 2009, ensuring that it complied with the principles of the Fair Work system.

The primary legal issue before the court was whether the Union Collective Agreement 2022 was consistent with the Fair Work Act 2009. This involved examining the agreement's terms to ensure it did not undermine the fundamental protections and entitlements provided by the Act. The court had to determine if the agreement adequately protected employee rights, including minimum wages, entitlements, and workplace conditions, while also considering the balance between the rights of employers and employees.

In its decision, the court found that the Union Collective Agreement 2022 complied with the Fair Work Act 2009. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, aligning with the principles of the Fair Work system. The court concluded that the agreement did not negatively impact the minimum standards set by the Act and was in the best interests of the employees. Consequently, the court approved the Union Collective Agreement 2022, allowing it to come into effect.

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