Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3023

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2877)

ARCHITECTURAL CLADDING & BALUSTRADES 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 BELL	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the ARCHITECTURAL CLADDING & BALUSTRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement2024 - 2027

An application has been made for approval of an enterprise agreement known as the ARCHITECTURAL CLADDING & BALUSTRADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 8 September 2025 and, in accordance with s.54, will operate from 15 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case of the Construction, Forestry and Maritime Employees Union, the Fair Work Commission was tasked with approving an enterprise agreement between the Architectural Cladding & Balustrades Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment for workers in the cladding and facade industry, specifically addressing issues such as wages, working conditions, and dispute resolution mechanisms. The Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009, including ensuring it provided for a minimum wage rate, protected against unfair dismissal, and included provisions for the fair and efficient resolution of workplace disputes.

The central legal issues before the Commission were whether the agreement complied with the procedural requirements for an enterprise agreement, and if the terms and conditions within the agreement were fair and reasonable. Key procedural issues included whether proper consultation had occurred between the parties and whether the agreement had been appropriately certified. In terms of content, the Commission had to assess whether the provisions met the "better-off-overall test," ensuring employees were not worse off financially or in terms of conditions compared to the applicable award. Additionally, the Commission examined whether the agreement provided for adequate protections and mechanisms to resolve disputes.

The Fair Work Commission found that the agreement met all procedural requirements, with proper consultation evidenced by the parties. It determined that the terms and conditions of the agreement were fair and reasonable, satisfying the better-off-overall test. The agreement included provisions for a minimum wage increase, enhanced working conditions, and effective dispute resolution mechanisms. The Commission concluded that the agreement provided significant benefits to employees, including improved wages, better working conditions, and fair dispute resolution processes, thus meeting the statutory criteria for approval.

The Commission approved the Architectural Cladding & Balustrades Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, effective from the date of approval. This decision sets a precedent for similar agreements in the cladding and facade industry, ensuring that employees benefit from fair and reasonable terms and conditions of employment. The approval underscores the importance of adequate consultation and the provision of tangible benefits to employees in 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