Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3259

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3135)

MORRIS C PAINTING - BUILDING NSW PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2024-2027 (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). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval of a collective agreement between the Morris C Painting - Building NSW Pty Ltd and CFMEU for the period 2024 to 2027. The dispute involved the terms and conditions of employment, including wages, hours, and dispute resolution mechanisms outlined in the proposed agreement. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal.

The primary legal issues before the Commission were whether the collective agreement was made in accordance with the Fair Work Act 2009, and whether it contained terms that were not contrary to the Act or that could cause detriment to employees or employers. Specifically, the Commission examined whether the agreement was genuinely negotiated, whether it provided for a fair and efficient workplace, and whether it included appropriate dispute resolution processes.

The Commission found that the agreement was made in good faith and after genuine negotiations between the parties. It noted that the agreement provided for fair wages and conditions and included provisions for effective dispute resolution. The Commission was satisfied that the agreement did not contain any terms that were contrary to the Act or that would cause detriment to either party. Accordingly, the Commission approved the collective agreement.

The Fair Work Commission approved the Morris C Painting - Building NSW Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its compliance with the Fair Work Act and its suitability for the intended period. The decision underscores the importance of genuine negotiation and fair terms in collective agreements, setting a precedent for similar agreements in 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