Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 149

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5103)

ABI-CIVIL CONTRACTING SERVICES (NSW) PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 16 JANUARY 2025

Application for approval of the ABI-Civil Contracting Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the ABI-Civil Contracting Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 23 December 2024.

On 2 January 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters.

On 8 January 2025, the Applicant provided a statutory declaration of Anthony Sloane and the employer provided submissions which resolved the pre-approval concerns 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 (despite the wording of Clause 5(a) of the Agreement) 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 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of a collective agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and ABI-Civil Contracting Services (NSW) Pty Ltd. The agreement in question was for the period 2024-2027 and covered various aspects of employment, including wages, hours of work, and conditions of employment. The Commission was tasked with determining whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its fairness and compliance with the relevant legislative framework.

The central legal issue before the Commission was whether the proposed collective agreement was fair and appropriate, considering the relevant provisions of the Fair Work Act. This included assessing whether the agreement provided for a safety net of minimum terms and conditions, whether it allowed for flexibility and efficiency in workplace arrangements, and whether it facilitated improved productivity and enterprise performance. The Commission also needed to consider whether the agreement appropriately balanced the interests of both parties, including the protection of vulnerable workers and compliance with the broader objectives of the Fair Work Act.

In its decision, the Fair Work Commission found that the collective agreement met the statutory requirements for approval. The Commission highlighted that the agreement provided for a comprehensive safety net of minimum terms and conditions, which were deemed fair and reasonable. It also found that the agreement allowed for necessary flexibility and efficiency in workplace arrangements, while still protecting the interests of vulnerable workers. The Commission was satisfied that the agreement facilitated improved productivity and enterprise performance, and that it appropriately balanced the interests of both the employer and the employees. Consequently, the Commission approved the agreement, finding it to be fair and appropriate under the Fair Work Act.

The Commission's final orders included the approval of the ABI-Civil Contracting Services (NSW) Pty Ltd / CFMEU Collective Agreement 2024-2027, which is now legally binding on both parties. The agreement will remain in effect until 2027, subject to any further orders the Commission may make in the future. This decision underscores the importance of collective bargaining in achieving fair and balanced outcomes for both employers and employees within the framework of the Fair Work Act.

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