Construction, Forestry and Maritime Employees Union

[2025] FWCA 2887

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2833)

FIX & FORM COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the FIX & FORM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FIX & FORM COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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

The Construction, Forestry and Maritime Employees Union (CFMEU) and Fix & Form Commercial Pty Ltd sought approval of an enterprise agreement under the Fair Work Act 2009. The dispute centred on the terms of the proposed agreement, which aimed to regulate the relationship between the parties for the period 2024 to 2027. The Fair Work Commission heard the application and had to decide if the agreement complied with the legal requirements set out in the Act.

The primary legal issues before the Commission were whether the agreement was "independent" as required by section 231 of the Act, and if it met the "better off overall test" stipulated in section 233. The Commission also needed to determine if the agreement contained all the prescribed terms and conditions as per section 227 of the Act. The application hinged on whether the agreement fulfilled all the statutory criteria, including provisions for wages, hours of work, and other conditions of employment.

The Commission found that the agreement was independent, as it was not made at the direction of, or with the support of, an employer or employer association. It satisfied the "better off overall test" as it provided for terms and conditions that were no less favourable than the applicable awards or existing agreements. Additionally, the agreement included all the prescribed terms, ensuring that it complied with the statutory framework. Consequently, the Commission approved the application and registered the proposed agreement.

The Fair Work Commission approved and registered the Fix & Form Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, confirming that it met all legal requirements under the Fair Work Act 2009. The decision ensures that the terms of the agreement will govern the employment conditions between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established