Construction, Forestry and Maritime Employees Union

[2025] FWCA 3255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3087)

TRESAMBER AUSTRALIA PTY LTD / CMFEU COLLECTIVE AGREEMENT 2024-2027

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

Application for approval of the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Tresamber Australia 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 applied for approval of a collective agreement with Tresamber Australia Pty Ltd for the years 2024-2027. The matter was heard by the Fair Work Commission (FWC) where the Union argued that the agreement was fair and reasonable, while Tresamber Australia Pty Ltd raised concerns over certain clauses. The FWC had to determine whether the agreement met the statutory criteria for approval, including fairness, reasonableness, and compliance with relevant laws.

The primary legal issue before the FWC was to ascertain whether the collective agreement was fair and reasonable in all its terms. The FWC examined various provisions of the agreement, including wages, conditions of employment, dispute resolution mechanisms, and other related terms. The FWC also considered submissions from both parties and relevant legislative provisions, including the Fair Work Act 2009. The FWC needed to ensure that the agreement did not contravene any statutory requirements and that it was balanced in terms of the rights and obligations of both employers and employees.

The FWC found that the collective agreement was fair and reasonable. The FWC noted that the agreement provided for a transparent and fair process for resolving disputes, adequate wage increases, and conditions of employment that were consistent with industry standards. The FWC also found that the agreement did not contain any terms that were contrary to public policy or that would have an adverse effect on the broader economy. After considering all the evidence and arguments, the FWC approved the collective agreement for the specified period.

The FWC approved the Tresamber Australia Pty Ltd / CFMEU Collective Agreement 2024-2027, subject to certain conditions. The FWC directed that the agreement be registered with the Australian Industrial Relations Commission and that a copy be provided to each party. The FWC also noted that the agreement would be subject to review at the end of the specified period or earlier if either party requested a review. The FWC's decision provides clarity on the approval process for collective agreements and reinforces the importance of fair and reasonable terms in industrial relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established