Construction, Forestry and Maritime Employees Union

[2025] FWCA 145

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2024/5067)

MAINLAND CIVIL PTY LIMITED / CFMEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Mainland Civil Pty Limited / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Mainland Civil Pty Limited / 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 Justin Hobson and supporting material which resolved the pre-approval concerns identified.
In respect of notification time, it appears the Notice of Employee Representational Rights was not provided to employees within the 14-day time frame as required by s173(3) of the Act. Noting the CFMEU was the only bargaining representative, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

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

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) made an application for approval of the Mainland Civil Pty Limited / CFMEU Collective Agreement 2024-2027. The application was heard by the Fair Work Commission, specifically by Commissioner Kelly, who was tasked with determining whether the agreement should be approved under the Fair Work Act 2009. The agreement in question was submitted by the CFMEU and Mainland Civil Pty Limited, and the application was made to ensure the agreement met the necessary criteria for approval.

The legal issues before the court involved assessing whether the agreement was a genuine enterprise agreement and whether it met the requirements of the Fair Work Act. Specifically, the court needed to determine if the agreement was made in good faith, if it was the product of genuine bargaining, and if it complied with the relevant sections of the Fair Work Act. Additionally, the court had to consider whether the agreement met the public interest test, ensuring it was not detrimental to the public interest.

Commissioner Kelly examined the submissions and evidence provided by both parties. The court considered whether the agreement was made in good faith, if it was genuinely negotiated, and if it contained terms that were fair and reasonable. The court also assessed whether the agreement met the public interest test and if it complied with the statutory requirements of the Fair Work Act. After careful consideration of the evidence and arguments, the court concluded that the agreement met all the necessary criteria and was in the public interest. Therefore, the court approved the agreement.

The final order of the court was the approval of the Mainland Civil Pty Limited / CFMEU Collective Agreement 2024-2027, confirming its validity and legality under the Fair Work Act. This decision allows the agreement to be in effect from the date of the approval, providing a framework for the employment terms and conditions between the CFMEU and Mainland Civil Pty Limited for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established