Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2545)

MELWORX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2025

Application for approval of the MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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.

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 20 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 matter before the court involved an application for the approval of the MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024-2027. The Construction, Forestry and Maritime Employees Union sought the court's endorsement of the agreement, which was intended to govern the employment terms between the company and its employees. The dispute centred on whether the agreement complied with the relevant legislative provisions and whether it was fair and reasonable in all its terms.

The primary legal issue before the court was to determine whether the proposed enterprise agreement was compliant with the Fair Work Act 2009 and whether it met the criteria for approval under the Act. Specifically, the court had to assess if the agreement covered the appropriate bargaining unit, was free from prohibited content, and was fair and reasonable in its terms. This involved scrutinising the agreement to ensure it adhered to the legislative framework designed to protect the interests of both employers and employees.

In its decision, the court found that the enterprise agreement was in compliance with the Fair Work Act. The court confirmed that the agreement was appropriately tailored to the bargaining unit and did not contain any content that was prohibited under the Act. The court also determined that the agreement was fair and reasonable in its terms, taking into account the interests of both parties. The agreement provided a balanced approach that addressed the needs and rights of employees while also accommodating the operational requirements of the employer.

Consequently, the court approved the MELWORX PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024-2027. The decision was made on the basis that the agreement was within the bounds of the law and was fair and reasonable, thereby meeting the criteria for approval.

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