Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3020

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2868)

ELEPHANTS FOOT WASTE COMPACTORS PTY LTD T/AS ELEPHANTS FOOT CHUTE SOLUTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the ELEPHANTS FOOT WASTE COMPACTORS PTY LTD T/AS ELEPHANTS FOOT CHUTE SOLUTIONS 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 ELEPHANTS FOOT WASTE COMPACTORS PTY LTD T/AS ELEPHANTS FOOT CHUTE SOLUTIONS and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 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

The matter before the court was an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve a new enterprise agreement between Elephants Foot Waste Compactors Pty Ltd, trading as Elephants Foot Chute Solutions, and the CFMEU (Victorian Construction and General Division). The application sought the endorsement of the Architectural Features & Fittings Enterprise Agreement 2024 – 2027. The dispute arose from negotiations between the parties concerning the terms and conditions of employment for workers within the architectural features and fittings sector.

The primary legal issues before the court were whether the agreement met the requirements of the Fair Work Act 2009 and whether the negotiation process was fair and in good faith. Specifically, the court needed to determine if the agreement was certified as a Simple Agreement for Future Employment Terms (SAFE) and if it complied with the provisions outlined in the Fair Work Act. Additionally, the court examined whether the CFMEU had adequately represented the interests of its members in reaching the agreement.

In reaching its decision, the court considered the evidence provided by both parties regarding the negotiation process and the content of the agreement. The court found that the agreement was certified as a SAFE and that the negotiation process was conducted in good faith. Furthermore, the court was satisfied that the CFMEU had adequately represented its members and that the agreement met all legislative requirements. The court approved the enterprise agreement, finding that it was fair and in the best interests of the employees covered by the agreement.

The court ordered that the Architectural Features & Fittings Enterprise Agreement 2024 – 2027 between Elephants Foot Waste Compactors Pty Ltd and the CFMEU be approved. The agreement was to be registered with the Fair Work Commission and would come into effect on the date specified within the agreement. This decision resolved the dispute and established the terms and conditions of employment for the relevant workers until the agreement's expiration.

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