Construction, Forestry and Maritime Employees Union

[2025] FWCA 2873

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2818)

LVL WORKFORCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 AUGUST 2025

Application for approval of the LVL Workforce Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the LVL Workforce Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 27 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the LVL Workforce Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, which is tasked with approving enterprise agreements that meet certain statutory criteria. The union and the employer sought approval for the agreement which outlines the terms and conditions of employment for formwork subcontractors.

The legal issues before the Commission centred on whether the agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was free from any prohibited content, had been genuinely negotiated between the parties, and provided for the proper protection of employees' interests. Additionally, the Commission assessed whether the agreement had been properly certified by the Australian Bureau of Statistics as meeting the "better off overall test" for employees.

In delivering its decision, the Commission examined the terms of the agreement and the evidence provided by both parties. It found that the agreement did not contain any prohibited content and had been genuinely negotiated. The Commission also determined that the agreement satisfied the "better off overall test" as it provided for improved wages and conditions for the employees. Consequently, the Commission approved the agreement, confirming its compliance with the statutory requirements.

The Fair Work Commission approved the LVL Workforce Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, finding it to be free from prohibited content, genuinely negotiated, and meeting the "better off overall test." This decision ensures that the agreement can now be implemented, providing a framework for the employment terms and conditions of formwork subcontractors under 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