| [2025] FWCA 2880 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2750)
PRO-TECH HOARDINGS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 28 AUGUST 2025 |
Application for approval of the PRO-TECH HOARDINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the PRO-TECH HOARDINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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.
The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
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 4 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2880
- Case
- [2025] FWCA 2880
- Decision Date
CaseChat Overview and Summary
The court was tasked with determining whether the agreement was fair and reasonable, considering various factors such as the bargaining power of the parties, the nature of the industry, and the fairness of the terms to the employees. Additionally, the court had to ensure that the agreement complied with the Fair Work Act 2009 and that it did not undermine the broader principles of Australian industrial relations law.
In reaching its decision, the court examined the terms of the agreement in detail, including the wages, working conditions, and dispute resolution mechanisms. The court considered the submissions from both parties and the evidence presented. Ultimately, the court found that the agreement was fair and reasonable, and it approved the enterprise agreement. The court emphasised the importance of collective bargaining in maintaining fair industrial relations and noted that the agreement provided a balanced outcome for both employers and employees.
The court's final order was to approve the PRO-TECH HOARDINGS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, subject to the terms and conditions specified in the agreement.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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