Construction, Forestry and Maritime Employees Union

[2025] FWCA 2994

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2855)

LVL WORKFORCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of the LVL Workforce Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 LVL Workforce Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 5 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 LVL Workforce Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Placement. The application was lodged with the Fair Work Commission (FWC) and subsequently brought to the Federal Court of Australia for review. The nature of the dispute centred around the validity and fairness of the proposed agreement, with the FWC having initially approved the agreement, which the employer challenged.

The key legal issues the court had to address were whether the agreement met the statutory requirements for approval, including whether it was made in accordance with the Fair Work Act 2009 and whether it was free from any unfair content. The employer argued that the agreement was not fairly made due to procedural flaws and that it contained terms that were not reasonably necessary to achieve the objectives of the agreement. The union, on the other hand, contended that the agreement was validly made and that the terms were fair and necessary.

The court considered the procedural fairness of the agreement's making, examining whether the union had properly followed the necessary processes and whether the employer had been given adequate opportunity to negotiate and respond. The court also assessed the fairness of the agreement's content, looking at whether the terms were reasonable in the circumstances and necessary to achieve the objectives of the agreement. Ultimately, the court found that the agreement was fairly made and contained no unfair content, thereby upholding the FWC's decision to approve the agreement.

The court's decision affirmed the FWC's approval of the LVL Workforce Pty Ltd and the Construction, Forestry and Maritime Employees Union Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The employer's application for review was dismissed, and the agreement remains in force as approved by the FWC.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established