Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 2605
[2025] FWCA 2605

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2400)

RACKD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 8 AUGUST 2025

Application for approval of the RACKD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the RACKD PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade 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 (CFMEU). The Agreement is a single enterprise agreement.

  1. 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 17 June 2025 and the Agreement was made on 15 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. Employees were notified of the vote less than 7 full calendar days before the day on which voting started. However, I am satisfied having regard to Principle 16 of the Statement of Principles that the Agreement was genuinely agreed.

  1. 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.

  1. The CFMEU, 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.

  1. 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

<AE529958  PR790389>

Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 2605
Case
[2025] FWCA 2605
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of a Subcontractors Cladding & Façade Enterprise Agreement between RACKD PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027. The Fair Work Commission was required to assess whether the agreement met the requirements of the Fair Work Act 2009, particularly the provisions concerning the terms and conditions of employment.

The primary legal issues involved whether the agreement complied with the relevant sections of the Fair Work Act, including provisions on minimum wage rates, penalty rates, leave entitlements, and other employment standards. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it met the genuine agreement test, which ensures that the terms and conditions of the agreement reflect the true agreement of the parties.

In delivering its decision, the Fair Work Commission examined the provisions of the proposed agreement and the submissions made by the parties. The Commission determined that the agreement met the requirements of the Fair Work Act and satisfied the genuine agreement test. The agreement was found to provide for fair and reasonable terms and conditions, including appropriate wage rates, leave entitlements, and other employment standards. The Commission was satisfied that the agreement was made in good faith and reflected the true agreement of the parties.

Consequently, the Fair Work Commission approved the Subcontractors Cladding & Façade Enterprise Agreement 2024 to 2027 between RACKD PTY LTD and the CFMEU (Victorian Construction and General Division). The decision ensures that the agreement will provide a framework for fair and reasonable terms and conditions of employment for the specified period.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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