austlii:cth/FWCA/2025/2296
General information, not legal advice.
FWCA
2025-07-11
Original judgment source is linked above.
s.185 - Application for approval of a greenfields agreement
Construction, Forestry and Maritime Employees Union
TIER ONE FLOORING GROUP PTY LTD T/AS TIER ONE FLOORING AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027
Application for approval of the Tier One Flooring Group Pty Ltd T/As Tier One Flooring and CFMEU Union Collective Agreement 2023-2027
[1] An application has been made for approval of an enterprise agreement known as Tier One Flooring Group Pty Ltd T/As Tier One Flooring and CFMEU Union Collective Agreement 2023-2027 (the Agreement) pursuant to s.182(3) of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement that is a greenfields agreement.
[2] The matter was allocated to my Chambers on 15 May 2025.
[3] 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 & Mobile Crane Hiring Award 2020 which has the result of remedying any defect.
[4] In accordance with s.187(5)(a) 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.
[5] The agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.
[6] I am satisfied that each of the requirements of ss.186 and 187 of the Act as are relevant to this application for approval have been met.
[7] Having regard s.187(5)(b) I am satisfied it is in the public interest to approve the Agreement.
[8] The Agreement is approved and, 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 2 July 2027.

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