Construction, Forestry and Maritime Employees Union Summary

[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

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).

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the H Contracting Pty Ltd, trading as H Contracting, and the Construction, Forestry and Maritime Employees Union (CFMEU) Union Collective Agreement for the period 2023-2027. The application was heard in the Fair Work Commission, an Australian workplace relations tribunal with jurisdiction over employment agreements and workplace disputes. The CFMEU sought approval of the agreement, which was intended to regulate the terms and conditions of employment for workers in the contracting industry.

The central legal issues before the Commission were whether the agreement complied with the statutory requirements under the Fair Work Act 2009 and whether it met the standards of procedural and substantive fairness. The Commission had to determine if the agreement provided for a fair and reasonable set of terms and conditions, taking into account the interests of both employers and employees. Additionally, the Commission assessed whether the process by which the agreement was negotiated and concluded was fair and appropriate, considering the parties' capacity to negotiate and the measures taken to ensure that the agreement was not unfairly disadvantageous to any party.

In its decision, the Commission found that the agreement did comply with the statutory requirements and was procedurally and substantively fair. The Commission noted that the agreement was the result of good faith negotiations between the parties and provided for a balanced set of terms and conditions that took into account the needs and interests of both employers and employees. The Commission also found that the process by which the agreement was negotiated and concluded was fair and appropriate, with adequate measures in place to ensure that the agreement was not unfairly disadvantageous to any party. Consequently, the Commission approved the agreement, finding it to be a fair and reasonable set of terms and conditions for the workers in the contracting industry.

The final orders of the Commission were that the H Contracting Pty Ltd T/As H Contracting and CFMEU Union Collective Agreement 2023-2027 be approved and registered with the Fair Work Commission. The agreement was to take effect from the date of the Commission's decision and would govern the employment conditions of the workers in the contracting industry for the specified period. The Commission's decision provided certainty and stability to the parties and the workers, ensuring that the agreement would be recognised and enforced in the workplace.

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