Construction, Forestry and Maritime Employees Union

[2025] FWCA 2806

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2708)

LEE BROTHERS FENCING PTY LTD T/AS LEE GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 AUGUST 2025

Application for approval of the LEE BROTHERS FENCING PTY LTD T/AS LEE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the LEE BROTHERS FENCING PTY LTD T/AS LEE GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 25 March 2025 and the Agreement was made on 1 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 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

In this matter, the Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of the Lee Brothers Fencing Pty Ltd T/A Lee Group and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027. The application was brought before the Commission in accordance with section 231 of the Fair Work Act 2009, which outlines the procedure for approving enterprise agreements. The dispute centred on the terms of the agreement and whether it complied with the statutory requirements for approval under the Fair Work Act.

The court was tasked with determining whether the enterprise agreement met the criteria for approval, including whether it was made in good faith, free from any improper influence or coercion, and whether it provided for a safety net of minimum wages and conditions. The court also had to consider whether the agreement was likely to have a detrimental effect on the safety net and whether it included appropriate mechanisms for resolving disputes. Furthermore, the court examined whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was likely to promote harmonious, productive and cooperative workplace relations.

The Fair Work Commission carefully reviewed the terms of the enterprise agreement and assessed whether it met the statutory requirements for approval. The Commission determined that the agreement was made in good faith, free from any improper influence or coercion, and provided for a safety net of minimum wages and conditions. The Commission found that the agreement was not likely to have a detrimental effect on the safety net and included appropriate mechanisms for resolving disputes. The Commission also concluded that the agreement provided for fair and reasonable terms and conditions of employment, and promoted harmonious, productive and cooperative workplace relations. Accordingly, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Lee Brothers Fencing Pty Ltd T/A Lee Group and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027, subject to the terms and conditions set out in the approval order. The Commission made an order that the agreement be registered by the Registrar of the Fair Work Commission, and that the agreement would have effect from the date of registration. The Commission also made an order that the agreement would be published in the Commonwealth Gazette, and that copies of the agreement would be provided to the parties and the Registrar. The Commission's approval of the enterprise agreement ensures that the terms and conditions of employment for the employees covered by the agreement are fair, reasonable and promote harmonious, productive and cooperative workplace relations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established