Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2991

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2839)

FORM 700 PTY LTD & VIC STAFF 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, 4 SEPTEMBER 2025

Application for approval of the Form 700 Pty Ltd & Vic Staff 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 Form 700 Pty Ltd & Vic Staff 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 4 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application by Form 700 Pty Ltd and Vic Staff Pty Ltd, together with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), for the approval of their Enterprise Agreement for Subcontractors Formwork 2024-2027. The application was heard in the Fair Work Commission (FWC), which is responsible for approving enterprise agreements that meet the legal requirements. The dispute centred on whether the proposed agreement complied with the necessary standards and provisions outlined in the Fair Work Act 2009.

The primary legal issues the FWC addressed were whether the agreement adhered to the formal requirements of an enterprise agreement, including being in writing, covering a specified period, and being applicable to a relevant group of employees. The FWC also considered whether the agreement included all the minimum terms and conditions stipulated by the Fair Work Act and whether it met the good faith bargaining requirements. Additionally, the FWC examined whether the agreement provided for a proper dispute resolution process and if it included any unfair provisions that could be disregarded.

The FWC found that the proposed agreement satisfied all the formal requirements and included all the minimum terms and conditions. The commission determined that the agreement was the product of good faith bargaining between the parties and contained a comprehensive dispute resolution process. It also confirmed that no provisions within the agreement were unfair or otherwise non-compliant with the Act. Consequently, the FWC approved the Enterprise Agreement for Subcontractors Formwork 2024-2027, validating its application as a legally binding contract between the parties involved.

The final order of the FWC was the approval of the Form 700 Pty Ltd and Vic Staff Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was deemed to be compliant with all relevant legal standards and provisions, and it was authorised for implementation by the parties. This decision ensures that the terms and conditions set out in the agreement will govern the employment relationship between the employers and the union, providing a stable framework for the duration of the agreement.

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