Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2941)

NIVEK GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 12 SEPTEMBER 2025

Application for approval of the Nivek Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Nivek Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 12 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Nivek Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The Fair Work Commission was tasked with examining this agreement to ensure it met the necessary legislative requirements under the Fair Work Act 2009. The primary concern was whether the agreement complied with the statutory provisions governing enterprise agreements, including provisions relating to the negotiation process, the content of the agreement, and its adherence to the objectives of the Act.

The legal issues that the Commission had to decide included whether the agreement was genuinely negotiated, if it complied with the good faith bargaining obligations, and if it contained terms that were within the scope of permissible content. The Commission also had to consider whether the agreement met the requirements for "independent" approval and whether it achieved a "better off overall test" for employees. Additionally, the Commission examined whether the agreement provided adequate protections and benefits for the employees and if it adhered to the statutory objectives of the Fair Work Act.

The Commission, after reviewing the submissions and evidence presented by both parties, found that the agreement was genuinely negotiated and met the good faith bargaining requirements. The Commission was satisfied that the agreement contained terms that were within the permissible scope and that it achieved a better off overall test for the employees. The Commission also determined that the agreement provided adequate protections and benefits for the employees and adhered to the statutory objectives of the Act. Consequently, the Commission approved the enterprise agreement, finding it to be fair and compliant with all relevant legislative requirements.

The Fair Work Commission approved the Nivek Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The decision confirmed the agreement as genuinely negotiated, compliant with good faith bargaining obligations, and meeting the statutory objectives of the Fair Work Act 2009. The Commission's approval ensures that the agreement provides fair protections and benefits for the employees involved, thereby fulfilling the requirements for independent approval.

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