Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2704

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2585)

FIRESTOP VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 AUGUST 2025

Application for approval of the FIRESTOP VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FIRESTOP VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire 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 24 June 2025 and the Agreement was made on 28 July 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 21 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) sought approval of an enterprise agreement with Firestop Victoria Pty Ltd, specifically for the passive fire industry sector. The application was brought before the Fair Work Commission, tasked with assessing the fairness and compliance of the agreement under the Fair Work Act 2009. The CFMEU argued that the proposed agreement was fair and reasonable, meeting all statutory requirements, while Firestop Victoria Pty Ltd maintained that certain provisions were overly restrictive and not in the best interests of the business.

The court had to decide several legal issues, including whether the agreement was genuinely negotiated and if it contained the necessary minimum terms as per the Fair Work Act. Another key issue was whether the agreement adequately balanced the interests of both parties, ensuring that it was not unduly harsh, injurious, or otherwise unfair to any party. The court also needed to consider if the agreement complied with the relevant provisions of the Fair Work Act and the Fair Work Regulations.

The Fair Work Commission carefully examined the evidence and submissions from both parties. It found that the agreement was indeed genuinely negotiated and contained the required minimum terms. The court considered the provisions of the agreement to be balanced, ensuring they were fair and not unduly prejudicial to either party. The Commission concluded that the agreement did not contain any terms that were harsh, unreasonable, or otherwise unfair. Consequently, the Commission approved the application for the agreement, affirming its compliance with the Fair Work Act and its Regulations.

As a result of this decision, the FIRESTOP VICTORIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027 was approved and can now be implemented. This approval ensures that the terms of the agreement will govern the employment conditions for the specified period, providing a framework for the relationship between the employer and the union in the passive fire industry sector.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established