Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 3132
[2025] FWCA 3132

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2999)

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

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 18 SEPTEMBER 2025

Application for approval of the CANTERBURY FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the CANTERBURY FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 10 September 2025.

  1. On 11 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Christian Finnigan and supporting material which resolved the pre-approval concerns identified.

  1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

  1. 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 this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.


COMMISSIONER

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 3132
Case
[2025] FWCA 3132
Decision Date

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Canterbury Formwork Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024-2027. The application was brought before the Fair Work Commission (FWC) by the union. The nature of the dispute was whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009.

The legal issues before the FWC included whether the agreement was genuinely bargained between the parties, if it contained the required minimum terms and conditions, and if it complied with the provisions of the Fair Work Act. Additionally, the FWC had to consider whether the agreement met the 'better off overall test', ensuring that employees were no worse off financially and had certain benefits.

The FWC examined the evidence presented and found that the agreement was genuinely negotiated between the parties. The agreement contained all the prescribed minimum terms and conditions and adhered to the statutory requirements. The FWC also assessed that the agreement met the better off overall test, as it provided for fair compensation and conditions that were at least equivalent to the applicable awards or registered agreements. Based on this analysis, the FWC approved the subcontractor formwork enterprise agreement.

The Fair Work Commission approved the Canterbury Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, confirming that it met all legal requirements and was in the best interests of the employees.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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