Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2639

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2544)

CARBON BLUE FABRICATIONS 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, 8 AUGUST 2025

Application for approval of the CARBON BLUE FABRICATIONS 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 CARBON BLUE FABRICATIONS 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 2 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 15 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 Construction, Forestry and Maritime Employees Union (CFMEU) and Carbon Blue Fabrications Pty Ltd sought approval for a new enterprise agreement, the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. This case was heard by the Fair Work Commission, the industrial relations tribunal in Australia. The agreement was to apply to employees engaged in carpentry and joinery subcontracting work. The CFMEU argued that the terms of the proposed agreement were fair and reasonable, while Carbon Blue Fabrications Pty Ltd supported the application, asserting that the agreement was necessary for the smooth operation of their business.

The primary legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable, as required by section 230 of the Fair Work Act 2009. The Commission had to consider the fairness of the proposed terms in relation to various factors, including the economic circumstances of the parties, the nature of the business, and the bargaining power of the parties. The Commission also needed to determine if the agreement complied with the Good Faith Bargaining requirements outlined in the Act.

In reaching its decision, the Commission examined the evidence provided by both parties and considered the economic context in which the agreement was negotiated. The Commission found that the proposed agreement contained terms that were fair and reasonable, taking into account the bargaining power of the parties, the economic circumstances, and the overall nature of the agreement. The Commission was satisfied that the agreement met the requirements of good faith bargaining and was in the best interests of the employees and the business. The Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from 1 July 2024.

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