Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3249

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2654)

LORRENCE PTY LTD (QUEENS WHARF PROJECT) UNION COLLECTIVE AGREEMENT 2022

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 SEPTEMBER 2025

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

An application has been made for approval of an enterprise agreement known as the Lorrence Pty Ltd (Queens Wharf Project) Union Collective Agreement 2022 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 June 2025 and the Agreement was made on 1 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 October 2025. The nominal expiry date of the Agreement is 1 November 2026.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a Union Collective Agreement 2022 from the Fair Work Commission. The agreement, entered into with Lorrence Pty Ltd, related to the Queen's Wharf Project, and was subject to the Fair Work Act. The applicant union argued that the agreement was appropriate for approval as it provided for a fair and efficient workplace, and addressed the specific needs of the workforce involved in the project. Lorrence Pty Ltd, while not opposing the approval of the agreement, raised concerns regarding the potential impact on productivity and the financial viability of the project.

The central legal issue before the Commission was whether the proposed collective agreement met the criteria for approval under the Fair Work Act. This involved examining whether the agreement was consistent with the provisions of the Act, and whether it promoted harmonious, productive, and equitable workplace relations. The Commission had to consider the balance between the rights of employees to be represented by a union and the interests of the employer in maintaining a productive and efficient workplace.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The Commission noted that the agreement provided for clear and fair terms and conditions of employment, and included provisions that addressed the specific requirements of the Queen's Wharf Project. The Commission also considered the potential impact of the agreement on productivity and financial viability, and concluded that the benefits of the agreement in promoting harmonious and productive workplace relations outweighed any potential negative effects. Consequently, the Commission approved the Union Collective Agreement 2022 for the Queen's Wharf Project.

The Fair Work Commission approved the Union Collective Agreement 2022 for the Queen's Wharf Project, finding that it met the criteria for approval under the Fair Work Act. The Commission's decision was based on the balance between the rights of employees to be represented by a union, and the interests of the employer in maintaining a productive and efficient workplace. The Commission considered the specific requirements of the project, and concluded that the agreement provided for fair and equitable workplace relations, and promoted productivity and efficiency.

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