Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2645

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2523)

KALLIBRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 AUGUST 2025

Application for approval of the KALLIBRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the KALLIBRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 1 July 2025 and the Agreement was made on 25 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 19 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

The parties in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and KALLIBRE PTY LTD. The dispute revolves around the application for approval of the KALLIBRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. This matter was heard by the Fair Work Commission, an independent statutory body with powers to make binding decisions on workplace disputes.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved assessing whether the agreement was free from any unlawful content, whether it complied with procedural fairness, and if it covered the necessary aspects of the employment relationship as outlined in the Act. Additionally, the Commission had to consider if the agreement provided fair and reasonable terms for both employees and employers.

In its decision, the Commission determined that the proposed agreement did not comply with the requirements of the Fair Work Act. The Commission found that the agreement contained provisions that were not adequately justified and did not provide for procedural fairness as required. These deficiencies related to certain aspects of the agreement which did not meet the statutory standards for approval. Consequently, the Commission did not approve the enterprise agreement as it did not meet the necessary legal criteria.

As a result of the decision, the Fair Work Commission did not grant approval for the proposed enterprise agreement between KALLIBRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The Commission's decision highlighted the need for the parties to address the identified deficiencies and resubmit a revised agreement for consideration, if they wished to proceed with the enterprise agreement process.

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