Construction, Forestry and Maritime Employees Union

[2025] FWCA 3130

[2025] FWCA 3130

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3049)

H CONTRACTING PTY LTD T/AS H CONTRACTING AND CFMEU UNION COLLECTIVE AGREEMENT 2023–2027

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

Application for approval of the H Contracting Pty Ltd T/As H Contracting and CFMEU Union Collective Agreement 2023-2027

1. An application has been made for approval of a greenfields agreement known as the H Contracting Pty Ltd T/As H Contracting 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).

1. 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.

1. 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.

1. 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.

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

1. 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.

1. There is an error in clause 2 of the Agreement which states t the name of the employer as “H Contracting Pty Ltd T/As H Contracting (ABN 79671759569)” rather than “H Contracting Group Pty Ltd T/As H Contracting”, being the name associated with ABN 79671759569. The Applicant confirmed this was an error and sought a variation pursuant to s.218A of the Act. I am satisfied that the error is an obvious one and pursuant to s.218A of the Act I amend clause 2 of the Agreement so the employer’s name is correctly reflected as “H Contracting Group Pty Ltd T/As H Contracting”. The variation operates from 2 October 2025, being the date on which the Agreement commences operation.

COMMISSIONER

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