Application for termination of the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023-2027

[1] An application has been made by Rosenlund Contractors Pty Ltd (the Applicant) for the termination of the Rosenlund Contractors Pty Ltd and CFMEU Union Collective Agreement 2023-2027 (the Agreement) pursuant to s.222 of the Fair Work Act 2009 (Cth) (the Act). The application was filed on 21 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

[2] Sections 222 and 223 of the Act set out the conditions which must be met for an agreement to be terminated by agreement pursuant to s.222 of the Act:

"222 Application for the FWC's approval of a termination of an enterprise agreement

(1) If a termination of an enterprise agreement has been agreed to, a person covered by the agreement must apply to the FWC for approval of the termination.

(2) The application must be accompanied by any declarations that are required by the procedural rules to accompany the application.

(a) within 14 days after the termination is agreed to; or

(b) if in all the circumstances the FWC considers it fair to extend that period - within such further period as the FWC allows.

223 When the FWC must approve a termination of an enterprise agreement

If an application for the approval of a termination of an enterprise agreement is made under section 222, the FWC must approve the termination if:

(a) the FWC is satisfied that each employer covered by the agreement complied with subsection 220(2) (which deals with giving employees a reasonable opportunity to decide etc.) in relation to the agreement; and

(b) the FWC is satisfied that the termination was agreed to in accordance with whichever of subsection 221(1) or (2) applies (those subsections deal with agreement to the termination of different kinds of enterprise agreements by employee vote); and

(c) the FWC is satisfied that there are no other reasonable grounds for believing that the employees have not agreed to the termination; and

(d) the FWC considers that it is appropriate to approve the termination taking into account the views of the employee organisation or employee organisations (if any) covered by the agreement."

[3] The Agreement is a single enterprise agreement. It was approved by the Fair Work Commission (Commission) on 28 November 2024.[1] It was approved to operate from 5 December 2024 with a nominal expiry date of 2 July 2027.

[4] The Agreement covers the Construction, Forestry and Maritime Employees Union (CFMEU). On 6 November 2025, the CFMEU wrote to my chambers indicating they opposed the application.

[5] CFMEU opposed the application on the basis it was not in the public interest to terminate the agreement whilst there were outstanding wage claims. The CFMEU subsequently filed a separate dispute application in relation to its concerns regarding potential wage claims.

[6] Two listings have been convened to discuss the CFMEU's concerns on 25 November 2025 and 18 December 2025. The concerns are not yet resolved. The Applicant disputes the veracity of the claimed underpayments. However, the parties have exchanged information in relation to those matters as directed by the Commission.

[7] I am satisfied the Commission would retain jurisdiction in relation to the dispute application that is currently live before the Commission in the event I were to grant this application in accordance with the Full Bench decision in CFMMEU v Falcon Mining Pty Ltd [2022] FWCFB 93.

[8] Ryan Rosenland, Director from the Applicant filed a Form F24A Statutory Declaration. The Statutory Declaration included information outlining the steps taken by the employer to ensure that the employees covered by the Agreement were given a reasonable opportunity to decide whether they wanted to approve the termination and steps taken to notify all employees about the vote.

[9] The Statutory Declaration also indicated that of the 3 staff covered by the Agreement, 3 cast a valid vote of which 3 voted to approve the termination.

[10] On the basis of the material before the Commission including the Form F24A Statutory Declaration, I am satisfied that the statutory tests have been met, and the concern raised by the CFMEU in relation to granting the application is not a basis to refuse the application for the reasons set out above.

[11] The application to terminate the Agreement is approved and the termination will take effect from 27 February 2026.

[12] I order accordingly.

[1] [2024] FWCA 4196.

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