Construction, Forestry and Maritime Employees Union

[2025] FWCA 2768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2636)

KINGS COMMERCIAL FLOORING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2025

Application for approval of the KINGS COMMERCIAL FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the KINGS COMMERCIAL FLOORING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 August 2025.

On 18 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Lee Reid and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves the Construction, Forestry and Maritime Employees Union, on behalf of its members, and Kings Commercial Flooring Pty Ltd. The dispute pertains to the proposed Enterprise Agreement between the Union and the employer, which is subject to approval by the Fair Work Commission. The matter was heard and decided in the Fair Work Commission. The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the statutory requirements for approval, including whether it provided for fair and reasonable terms and conditions for the employees involved.

The Commission considered various aspects of the proposed agreement, including the negotiation process, the content of the agreement, and its implications for the employees. In assessing the fairness and reasonableness of the agreement, the Commission took into account factors such as the bargaining power of the parties, the nature of the industry, and the terms and conditions provided for in the agreement. After careful consideration, the Commission concluded that the proposed Enterprise Agreement did indeed meet the statutory requirements for approval. The Commission found that the agreement was fair and reasonable, taking into account the various factors considered.

Accordingly, the Fair Work Commission approved the proposed Enterprise Agreement between Kings Commercial Flooring Pty Ltd and the Construction, Forestry and Maritime Employees Union. The decision confirms the validity of the agreement and its terms and conditions, which will now apply to the employees covered by the agreement. The Commission's decision provides certainty for both the employer and the employees, and ensures that the agreement is fair and reasonable, as required by law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established