Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3081

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3004)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the DM Formwork Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 DM 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). 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 11 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 a proposed enterprise agreement between DM Formwork Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The matter was heard in the Fair Work Commission. The union sought approval for the Subcontractors Formwork Enterprise Agreement 2024-2027, which was intended to regulate the employment conditions of its members who are employed as subcontractors in the formwork industry.

The central legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, including whether it was a "genuine" enterprise agreement, and whether it complied with the "better off overall test." This test requires that the proposed agreement must not be worse than the relevant award or other applicable agreements, and that it must be better off overall for the majority of employees.

The Commission examined the evidence provided by both parties and considered the terms and conditions outlined in the proposed agreement. The Commission noted that the agreement was the product of good faith negotiations between the parties and that it contained provisions that were fair and reasonable. The Commission was satisfied that the proposed agreement met the requirements of the Fair Work Act, including the better off overall test, and approved the Subcontractors Formwork Enterprise Agreement 2024-2027.

The Fair Work Commission approved the Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement now governs the employment conditions of the union members employed as subcontractors in the formwork industry, providing a framework for fair and reasonable terms and conditions of employment.

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