Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3018)

COREBUILD GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 19 SEPTEMBER 2025

Application for approval of the Corebuild Group Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Corebuild Group Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 September 2025.

On 12 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Mark Cunningham which resolved the pre-approval concern identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and (despite the wording of Clause 5(a) of the Agreement) in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of a collective agreement between Corebuild Group Pty Ltd and the union, covering the period 2024 to 2027. The core dispute centred on the terms of the agreement and whether they were consistent with the relevant industrial laws and the principles of good faith bargaining. The Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval.

The legal issues that the Commission needed to address included whether the agreement was made in good faith, if it complied with the relevant provisions of the Fair Work Act, and whether it contained terms that were consistent with the objectives of the Act, such as promoting harmonious, productive and cooperative workplace relations. Additionally, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions for the employees.

In its decision, the Commission examined the process of bargaining and the content of the agreement. The Commission found that the bargaining process was conducted in good faith, with both parties engaging in meaningful discussions and negotiations. It was satisfied that the agreement complied with the Fair Work Act and that the terms were fair and reasonable. The Commission approved the agreement, noting that it would promote productive and cooperative workplace relations and provide for equitable terms and conditions for the employees.

The Fair Work Commission approved the Corebuild Group Pty Ltd / CFMEU Collective Agreement 2024-2027, finding that it was made in good faith, complied with the Fair Work Act, and contained fair and reasonable terms and conditions. The Commission's approval ensures that the agreement will be legally binding and enforceable, providing a stable and predictable framework for industrial relations between the parties 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