Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3127

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2998)

THE TRUSTEE FOR WOLNIZER FAMILY TRUST T/AS ZINLOW GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 SEPTEMBER 2025

Application for approval of THE TRUSTEE FOR WOLNIZER FAMILY TRUST T/AS ZINLOW GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the THE TRUSTEE FOR WOLNIZER FAMILY TRUST T/AS ZINLOW GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between The Trustee for Wolnizer Family Trust trading as Zinlow Group and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Fencing Enterprise Agreement 2024 - 2027, aimed to establish terms and conditions for employees working in the fencing sector under subcontracting arrangements. The dispute centred on the procedural and substantive fairness of the agreement, ensuring it met the criteria under the Fair Work Act 2009.

The legal issues the Commission had to resolve included whether the agreement was made in good faith, if it was genuinely intended to be an enterprise agreement, and if the required bargaining processes were adhered to. Additionally, the Commission assessed whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the "better off overall test" to ensure employees would not be worse off under the new agreement. The Commission also examined the fairness of the agreement in terms of procedural aspects, including the extent of employee consultation and participation during the bargaining process.

In its decision, the Commission carefully reviewed the evidence and submissions from both parties. The Commission found that the agreement was made in good faith, genuinely intended as an enterprise agreement, and that the necessary bargaining processes were followed. The Commission concluded that the agreement met the requirements of the Fair Work Act and provided for fair and reasonable terms and conditions for the employees. The Commission also determined that the agreement satisfied the "better off overall test," ensuring employees would not be worse off under the new terms. Consequently, the Commission approved the Subcontractors Fencing Enterprise Agreement 2024 - 2027, deeming it fair and reasonable for the employees involved.

The Fair Work Commission approved the Subcontractors Fencing Enterprise Agreement 2024 - 2027, confirming its compliance with the Fair Work Act and its fairness in terms of employee terms and conditions. The decision highlighted the importance of good faith bargaining and adherence to procedural requirements in the formation of enterprise agreements.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established