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[9]
austlii:cth/FWCA/2025/2745
General information, not legal advice.
FWCA
2025-08-15
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025
Application for approval of the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025
[1] An application has been made for approval of an enterprise agreement known as the ABSAFE-POWER INDUSTRY CFMEU ENTERPRISE AGREEMENT 2025 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 12 August 2025.
[3] On 12 August 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 Brendan Mizzi and submissions which resolved the pre-approval concerns identified.
[4] There are two National Employment Standard (NES) issues that require comment:
Clause 21.6 appears to omit the entitlement to leave after the stillbirth of a child of the employee or a member of the employee's immediate family or household as per s.105(1)(b) of the Act or after the employee or the employee's spouse or de facto partner has a miscarriage as per s.105(1)(c) of the Act.
Clause 21.10.7 provides 'The employee shall, as soon as reasonably practicable and within eight (8) hours of the commencement of such absence inform the Company of inability to attend, and as far as practicable, state the nature of the injury or illness and the estimated duration of the absence'. This appears to provide a more stringent notice requirement than permitted by s.107(2)(a) of the Act, which provides that the notice must be given to the employer as soon as practicable (which may be a time after the leave has started).
[5] Clause 6(1) of the Agreement acts as an effective NES precedence clause. As a result, the above clauses will not apply to the extent they are inconsistent with the NES.
[6] 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.
[7] 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.
[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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