Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2959

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2905)

JZ RENOVATION 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 COLMAN	MELBOURNE, 3 SEPTEMBER 2025

Application for approval of the JZ Renovation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 JZ Renovation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were JZ Renovation Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around the application for approval of a Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, which was set to operate between the parties. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement should be approved.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included ensuring that the agreement met the statutory requirements for enterprise agreements, such as being in writing, covering a period of no more than five years, and covering a designated group of employees. Additionally, the Commission had to consider whether the agreement was free from prohibited content and whether it had been made in good faith and without coercion.

In reaching its decision, the Commission carefully reviewed the contents of the proposed agreement, considering its alignment with the statutory framework. The Commission noted that the agreement was in writing and covered the requisite period, with the designated group of employees clearly identified. Furthermore, the Commission was satisfied that the agreement did not contain any prohibited content and had been made in good faith. The Commission found that all necessary criteria had been met and approved the agreement.

The Fair Work Commission approved the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027 between JZ Renovation Pty Ltd and the CFMEU (Victorian Construction and General Division). The approval was based on the Commission's determination that the agreement complied with the statutory requirements, including its written form, coverage period, and absence of prohibited content, and that it had been made in good faith.

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