| [2025] FWCA 2965 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2866)
BAYSIDE TREEWORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ONSITE ARBORICULTURE ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT COLMAN | MELBOURNE, 3 SEPTEMBER 2025 |
Application for approval of the Bayside Treeworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Onsite Arboriculture 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 Bayside Treeworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Onsite Arboriculture 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 3 September 2025.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2965
- Case
- [2025] FWCA 2965
- Decision Date
CaseChat Overview and Summary
The primary legal issues for the court were whether the agreement was a genuine enterprise agreement and whether it contained the required safety net terms and conditions as outlined in the Fair Work Act 2009. The court had to examine if the agreement was made in good faith, if it genuinely represented the interests of the employees and employers, and if it met the standards prescribed by the Act. Additionally, the court needed to determine if the agreement included all the minimum terms and conditions specified by the Act.
In considering these issues, the court reviewed the process by which the agreement was negotiated and the documentation provided. The court found that the agreement was genuinely negotiated between the employer and the union, with evidence of good faith bargaining and fair representation. The agreement was also found to encompass all the minimum safety net terms and conditions as required by the Act. The court concluded that the agreement was valid and should be approved, as it met all the necessary criteria under the Fair Work Act 2009.
The court approved the Bayside Treeworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Onsite Arboriculture Enterprise Agreement 2024 - 2027, confirming its registration and enforceability. The decision provided clarity and legal certainty for the parties involved, ensuring that the agreement could be implemented as intended. This ruling upheld the integrity of the enterprise bargaining process and reinforced the protections afforded to both employers and employees under the Fair Work Act 2009.
Orders
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Background
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Evidence
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Ratio Decidendi
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