Altitude Co Pty Ltd

[2025] FWCA 2319

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Altitude Co Pty Ltd

(AG2025/2162)

ALTITUDE CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2025

Application for approval of the Altitude Co Pty Ltd and the CFMEU Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Altitude Co Pty Ltd and the CFMEU Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Altitude Co Pty Ltd. The Agreement is a single enterprise agreement.

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

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 21 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved a request for the approval of a proposed enterprise agreement between Altitude Co Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) Victorian Construction and General Division Subcontractors Carpentry & Joinery. The agreement, set for the years 2024 to 2027, was challenged on the basis that it did not meet the statutory requirements under the Fair Work Act 2009. The dispute was adjudicated in the Fair Work Commission, which has jurisdiction over such matters.

The legal issues at the heart of the case centred on whether the proposed enterprise agreement complied with the statutory criteria for approval under the Fair Work Act. Specifically, the Commission had to determine if the agreement contained provisions that were procedurally sound, provided adequate protections for employees, and addressed relevant workplace issues in a manner consistent with the law. The focus was on whether the agreement met the requirements for being a "better off overall test" and if it adhered to the prescribed minimum terms and conditions.

The Fair Work Commission, in its reasoning, meticulously examined the provisions of the proposed agreement. It found that the agreement was comprehensive and provided adequate protections for the employees, meeting the "better off overall test" criterion. The Commission also determined that the agreement complied with the prescribed minimum terms and conditions and was procedurally sound. Consequently, the Commission approved the agreement, affirming its alignment with the statutory requirements.

The Fair Work Commission granted approval of the proposed enterprise agreement between Altitude Co Pty Ltd and the CFMEU Victorian Construction and General Division Subcontractors Carpentry & Joinery for the period of 2024 to 2027. The decision underscores the importance of ensuring that enterprise agreements meet all legal requirements to protect the interests of both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established