austlii:cth/FWCA/2025/3417
General information, not legal advice.
FWCA
2025-10-10
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
CNF PROTECTION PTY LTD T/AS BJS GROUP (QLD) AND CFMEU UNION COLLECTIVE AGREEMENT 2023-2027
Application for approval of the CNF Protection Pty Ltd T/As BJS Group (QLD) and CFMEU Union Collective Agreement 2023-2027
[1] An application has been made for approval of a greenfields agreement known as the CNF Protection Pty Ltd T/As BJS Group (QLD) 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).
[2] It is declared in the Form '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 that does not have any existing employees who are covered by the Agreement. An ASIC search indicates the Employer was registered recently, on 11 August 2025. Based on the information before the Commission I find the Agreement is a greenfields agreement that meets the requirements of s.172(2)(b) of the Act.
[3] In accordance with s.187(5) of the Act, I am satisfied that the Applicant 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.
[4] 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.
[5] Pursuant to s.53(2)(b) of the Act, I note that the Agreement was made with the Construction, Forestry and Maritime Employees Union, and that the Agreement covers the organisation.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
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