Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3254

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3085)

SUPERIOR WALL & CEILING PROFESSIONALS PTY LTD AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

Miscellaneous
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the Superior Wall & Ceiling Professionals Pty Ltd and CFMEU Union Collective Agreement 2023–2027

An application has been made for approval of a greenfields agreement known as the Superior Wall & Ceiling Professionals 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 matter before the Fair Work Commission involved an application for the approval of a collective agreement between the Superior Wall & Ceiling Professionals Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU) for the period 2023 to 2027. The dispute centred on whether the proposed terms of the agreement complied with the relevant provisions of the Fair Work Act 2009. The Commission was tasked with ensuring the agreement met the criteria for approval, including that it did not have an adverse effect on the operation of any industrial law or regulation, and that it contained appropriate provisions for dispute resolution.

The key legal issues before the Commission were whether the collective agreement adhered to the statutory requirements, particularly under sections 228 and 230 of the Fair Work Act. This involved assessing whether the agreement contained minimum terms that were not less favourable than the relevant award or safety net award, and whether it included appropriate mechanisms for resolving disputes. The Commission also had to consider whether the proposed agreement would have any detrimental impact on the efficient operation of the workplace and the broader industrial relations system.

After examining the proposed agreement, the Fair Work Commission found that it met all the statutory requirements for approval. The agreement was deemed to provide terms that were not less favourable than the relevant award and included adequate provisions for dispute resolution. The Commission was satisfied that the agreement would not have an adverse effect on the operation of any industrial law or regulation, and that it contained appropriate safeguards to ensure fair and efficient workplace practices. Consequently, the Commission approved the collective agreement, recognising its compliance with the legislative framework and its potential to promote harmonious industrial relations.

In its decision, the Fair Work Commission approved the Superior Wall & Ceiling Professionals Pty Ltd and CFMEU Union Collective Agreement 2023–2027, confirming its compliance with the Fair Work Act. This outcome provided clarity and certainty for the parties involved, ensuring that the agreement would govern their industrial relations for the specified period.

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