Construction, Forestry and Maritime Employees Union

[2025] FWCA 2843

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2756)

MARTIN & SUZANNE HARRINGTON PTY LTD & HARRO’S LANE PTY LTD AS TRUSTEE FOR HARRO’S LANE FAMILY TRUST T/AS ELEVATED SAFETY SYSTEMS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SAFETY SYSTEMS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 26 AUGUST 2025

Application for approval of the MARTIN & SUZANNE HARRINGTON PTY LTD & HARRO’S LANE PTY LTD AS TRUSTEE FOR HARRO’S LANE FAMILY TRUST T/AS ELEVATED SAFETY SYSTEMS and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MARTIN & SUZANNE HARRINGTON PTY LTD & HARRO’S LANE PTY LTD AS TRUSTEE FOR HARRO’S LANE FAMILY TRUST T/AS ELEVATED SAFETY SYSTEMS and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 26 August 2025 and, in accordance with s.54 of the Act, will operate from 2 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 applicants in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and two companies: Martin & Suzanne Harrington Pty Ltd and Harro’s Lane Pty Ltd as trustee for the Harro’s Lane Family Trust trading as Elevated Safety Systems. They sought approval for a proposed enterprise agreement. The dispute was heard in the Fair Work Commission. The legal issues before the Commission were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including whether it provided for the minimum terms and conditions of employment and whether it was consistent with the public interest.

The Commission found that the proposed agreement met the statutory requirements for an enterprise agreement, including the provision of minimum terms and conditions. It considered the agreement's provisions on wages, hours of work, leave, and other employment conditions, and determined that these provisions were fair and reasonable. The Commission also examined the agreement's impact on the public interest, taking into account factors such as its effect on the health, safety, and welfare of employees, and its compliance with relevant laws and regulations. The Commission was satisfied that the agreement did not have an adverse effect on the public interest and that it was consistent with the public interest.

Based on the findings, the Commission approved the proposed agreement. It noted that the agreement provided for fair and reasonable terms and conditions of employment and that it was consistent with the public interest. The approval of the agreement allows the CFMEU, Martin & Suzanne Harrington Pty Ltd, and Harro’s Lane Pty Ltd to implement the terms and conditions set out in the agreement for the specified period. The final orders of the Commission included the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established