Construction, Forestry and Maritime Employees Union

[2025] FWCA 2585

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2469)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 14 AUGUST 2025

Application for approval of the FW FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FW FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and FW Formwork Pty Ltd, seeking approval of the proposed Subcontractors Formwork Enterprise Agreement 2024-2027. The nature of the dispute centred on whether the terms of the proposed agreement complied with the relevant industrial legislation. The application was heard in the Fair Work Commission, the body responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issues the court had to determine included whether the proposed agreement was a genuine enterprise agreement as defined under the Fair Work Act, whether the agreement had been made in accordance with the statutory requirements, and if the agreement complied with the provisions of the Fair Work Act, particularly regarding its terms and conditions. Additionally, the court examined whether the agreement provided for appropriate processes to deal with disputes and if it appropriately balanced the interests of both employers and employees.

The court carefully reviewed the proposed agreement, considering submissions from both parties. It concluded that the agreement was a genuine enterprise agreement, having been made in good faith and without any coercion. The court found that the agreement complied with the statutory requirements and met all the necessary criteria under the Fair Work Act. It was satisfied that the agreement contained appropriate processes for dispute resolution and provided a fair balance between the interests of the employers and employees. The court granted the application and approved the Subcontractors Formwork 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