Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3258

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3124)

SURE PROJECTS AUSTRALIA (QLD) PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the Sure Projects Australia (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Sure Projects Australia (QLD) Pty Ltd and CFMEU Union Collective Agreement 2023–2027 (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).

It is declared in the ‘F20 – Employer’s declaration in support of application for approval of greenfields agreement made under subsection 182(3) of the Act’ that the Agreement relates to a new enterprise and that there are no existing employees that would be covered by it. On the basis of the information before the Commission I find that the Agreement 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.

The Construction, Forestry and Maritime Employees Union is covered by the Agreement.

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 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between Sure Projects Australia (QLD) Pty Ltd and the Construction, Forestry and Maritime Employees Union. The application was made to the Fair Work Commission, which was tasked with determining whether the proposed agreement met the necessary criteria for approval. The union and the employer sought to have their collective agreement, which spanned from 2023 to 2027, ratified under the Fair Work Act 2009. The legal issues central to the case revolved around the compliance of the agreement with the relevant statutory provisions and whether it met the necessary conditions for approval, including the provision of fair and reasonable terms for employees.

The Fair Work Commission assessed the application by examining the terms of the collective agreement in light of the statutory requirements. It was essential that the agreement did not undermine the fundamental principles of the Fair Work Act, which includes ensuring the terms were fair and reasonable, and did not have the effect of undermining public policy. The commission evaluated various aspects of the agreement, including wages, conditions of employment, and dispute resolution mechanisms. The court found that the proposed agreement satisfied the legal standards set out in the Fair Work Act, and therefore approved the collective agreement for the specified period.

Following the comprehensive review, the Fair Work Commission determined that the collective agreement between Sure Projects Australia (QLD) Pty Ltd and the Construction, Forestry and Maritime Employees Union met all the necessary criteria for approval. The commission found that the agreement contained terms that were fair and reasonable for the employees, and it did not contravene any provisions of the Fair Work Act or public policy. Consequently, the application for the approval of the collective agreement was successful, and the agreement was ratified for the period 2023–2027. This decision ensures that the terms of employment are governed by a legally approved collective agreement, providing certainty and protection for both the employer and the employees.

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