| [2025] FWCA 3131 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3055)
MORELAND WIRE FENCING & GATES PTY LTD T/AS MORELAND WIRE FENCING AND GATES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 18 SEPTEMBER 2025 |
Application for approval of the MORELAND WIRE FENCING & GATES PTY LTD T/As MORELAND WIRE FENCING AND GATES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the MORELAND WIRE FENCING & GATES PTY LTD T/As MORELAND WIRE FENCING AND GATES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
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 25 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3131
- Case
- [2025] FWCA 3131
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court needed to resolve were whether the agreement provided for fair and reasonable terms and conditions, whether it included minimum entitlements, and whether it complied with the statutory requirements for enterprise agreements. Specifically, the court had to examine if the agreement was made in good faith and whether it adhered to the provisions of the Fair Work Act. The court also needed to ensure that the agreement did not unfairly disadvantage any party and that it met the disclosure requirements.
The court carefully reviewed the provisions of the agreement and the submissions made by both parties. It found that the agreement was made in good faith and contained fair and reasonable terms. The court confirmed that the agreement provided for minimum entitlements and complied with the statutory requirements of the Fair Work Act. It concluded that the agreement did not unfairly disadvantage any party and met all the necessary disclosure requirements. Based on this analysis, the court approved the enterprise agreement.
The final orders included the approval of the Architectural Features & Fittings Enterprise Agreement 2024-2027 between Moreland Wire Fencing & Gates Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The court's decision confirmed the agreement's compliance with the legal standards and allowed it to take effect as per the terms outlined.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
Legal Principle Established
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