Construction, Forestry and Maritime Employees Union

[2025] FWCA 2901

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2841)

J MILNER SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 AUGUST 2025

Application for approval of the J MILNER 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 J MILNER SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 May 2025 and the Agreement was made on 12 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 5 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of the J Milner Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027. The nature of the dispute centred on whether the proposed enterprise agreement complied with the relevant legislative requirements and if it was in the best interests of the employees represented by the union. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The central legal issues that the court was required to decide were whether the enterprise agreement met the necessary standards and provisions set forth by the Fair Work Act, and if it appropriately balanced the interests of the employees, employers, and the broader public. Specifically, the court had to examine whether the agreement provided fair and reasonable terms and conditions of employment, and if it was free from any unfair discrimination or content that could be considered void under the Act.

The court's reasoning was grounded in a comprehensive review of the agreement's provisions, taking into account relevant case law and statutory provisions. The court found that the enterprise agreement did indeed comply with all legislative requirements, providing fair and reasonable terms for the employees. It was noted that the agreement effectively balanced the interests of the parties involved and did not contain any discriminatory provisions. The court concluded that the proposed agreement was in the best interests of the employees and should be approved.

Consequently, the court approved the enterprise agreement, paving the way for its implementation. The final orders of the court mandated that the agreement be registered with the Fair Work Commission, thereby making it a legally binding contract between the employer and the employees represented by the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established