Bravada Australia Pty Ltd

[2025] FWCA 2000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Bravada Australia Pty Ltd

(AG2025/1667)

BRAVADA AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 17 JUNE 2025

Application for approval of the Bravada Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Bravada Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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 Bravada Australia Pty Ltd. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 29 April 2025 and the Agreement was made on 22 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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 24 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Subcontractors Waterproofing Enterprise Agreement 2024-2027 between Bravada Australia Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The union and the employer sought to have the agreement recognised as a lawful enterprise agreement, which would exempt it from the provisions of the Act that would otherwise apply.

The primary legal issues the court had to address were whether the agreement met the statutory requirements for approval, including whether it was made in good faith, provided for a fair and efficient workplace, and included appropriate mechanisms for dispute resolution. The court had to consider submissions from both parties and evidence provided, including witness testimonies and expert opinions, to determine whether the agreement complied with the necessary legal criteria.

In its decision, the Fair Work Commission considered the evidence presented and determined that the agreement met the statutory criteria for approval. The Commission found that the agreement was made in good faith and provided for a fair and efficient workplace. It also concluded that the agreement included appropriate mechanisms for dispute resolution, which were consistent with the requirements of the Act. The Commission approved the agreement, finding that it met all necessary legal standards and would provide a fair and efficient workplace for the employees covered by the agreement.

As a result of the Commission's decision, the Subcontractors Waterproofing Enterprise Agreement 2024-2027 between Bravada Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) was approved and will now exempt the parties from certain provisions of the Fair Work Act 2009. The agreement will apply to the employees covered by the agreement and will provide for their terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established