Construction, Forestry and Maritime Employees Union

[2025] FWCA 2888

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2837)

GREENE FIRE PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the GREENE FIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the GREENE FIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire 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 4 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the Greene Fire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024-2027. The union argued that the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees covered by the agreement. The employer contested the union's application, claiming that certain provisions of the agreement did not meet the legal standards for approval under the Act.

The central legal issues before the Commission were whether the agreement complied with the formal requirements for an enterprise agreement, whether it was made in good faith and whether it was in the best interests of the employees. The Commission needed to determine if the agreement met the procedural requirements, such as being made without the improper use of industrial action, and substantive requirements, such as ensuring that the agreement did not have an adverse effect on employees' working conditions.

The Commission found that the agreement was procedurally valid and had been made in good faith. It considered the evidence and submissions from both parties and concluded that the agreement was in the best interests of the employees. The Commission noted that the agreement provided for a fair and reasonable set of terms and conditions, including provisions for pay rates, leave entitlements, and dispute resolution mechanisms. The Commission was satisfied that the agreement met the requirements of the Fair Work Act and approved the agreement. The employer's objections were dismissed, and the agreement was registered as a registered agreement under the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established