Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2954

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2864)

TRUSTEE FOR NR SPITERI FAMILY TRUST T/AS LIVSON CONSTRUCTION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the TRUSTEE FOR NR SPITERI FAMILY TRUST T/AS LIVSON CONSTRUCTION SERVICES PTY LTD 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 TRUSTEE FOR NR SPITERI FAMILY TRUST T/AS LIVSON CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of a particular enterprise agreement. The applicant, the trustee for the NR Spiteri Family Trust trading as Livson Construction Services Pty Ltd, sought approval for the agreement, while the Construction, Forestry and Maritime Employees Union (CFMEU) contested the application. The matter was heard by the Fair Work Commission, an Australian federal statutory authority.

The primary legal issues addressed by the court were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it met the necessary standards for approval. Specifically, the court examined whether the agreement was genuinely negotiated, whether it included provisions that were fair and reasonable, and if it adhered to the provisions of the Fair Work Act. Additionally, the court had to consider whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance.

The court found that the proposed enterprise agreement met the statutory requirements for approval. It determined that the agreement was genuinely negotiated between the employer and the union, as evidenced by the negotiation process detailed in the documentation provided. The court was satisfied that the agreement contained fair and reasonable terms, including provisions for wages, conditions of employment, and dispute resolution mechanisms. Furthermore, the court found that the agreement complied with the Fair Work Act and did not contain any provisions that were contrary to public policy or industrial peace. As a result, the court approved the agreement.

In light of the findings, the Fair Work Commission approved the Architectural Features & Fittings Enterprise Agreement 2024 - 2027, confirming its compliance with the relevant legislative standards. This decision allows the agreement to be implemented and enforced between the employer and the union, providing a framework for the terms and conditions of employment for the specified period.

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