Beenak Constructions Pty Ltd Summary

[2025] FWCA 3267

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Beenak Constructions Pty Ltd

(AG2025/3215)

BEENAK CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 15 OCTOBER 2025

Application for approval of the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

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

The application was not lodged within 14 dates after the Agreement was made. The Commission sought submissions addressing this. Pursuant to s.185(3)(b) of the Act, in all the circumstances and having considered the submissions of the Applicant, I consider it fair to extend the time for making the application to the date it was made and grant the extension until this date.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

There is an error in clause 2.1 of the Agreement which states the ABN of the employer as “40 162 044 420” rather than “73 104 358 036”, being the ABN associated with Beenak Constructions Pty Ltd. The Applicant confirmed this was an error and sought a variation pursuant to s.218A of the Act. I am satisfied that the error is an obvious one and pursuant to s.218A of the Act I amend clause 2.1 of the Agreement so the employer’s ABN is correctly reflected as “73 104 358 036”. The variation operates from 15 October 2025, being the date on which the Agreement commences operation.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved Beenak Constructions Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) seeking approval of the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The primary issue was whether the terms of the agreement complied with the relevant statutory requirements under the Fair Work Act 2009.

The court had to determine whether the enterprise agreement met the conditions for approval under the Fair Work Act. This included assessing whether the agreement contained genuine bargaining, was free from coercion, and was not materially prejudicial to the public interest. Furthermore, the court examined if the agreement complied with the Fair Work (Registered Organisations) Act 2009 by confirming the union's authorisation to represent the employees.

In its decision, the Commission found that the agreement was the result of genuine bargaining and did not contain any terms that were coercive, harsh, or otherwise unfair. The Commission also concluded that the union was authorised to represent the employees, as required by the Fair Work (Registered Organisations) Act 2009. As a result, the Commission approved the agreement, finding that it met the statutory requirements for approval. The final orders included the approval of the Beenak Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the decision.

Beenak Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established