Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2522)

TIGER CORPORATION PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SIGNAGE & SIGN WRITERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 AUGUST 2025

Application for approval of the TIGER CORPORATION PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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.

The Agreement was approved on 7 August 2025 and, in accordance with s.54 of the Act, will operate from 14 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 matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and the TIGER CORPORATION PTY. LTD. for the approval of the TIGER CORPORATION PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, which is tasked with overseeing the approval and implementation of enterprise agreements under the Fair Work Act 2009.

The legal issues at hand revolved around whether the proposed enterprise agreement met the necessary requirements under the Fair Work Act, including whether it provided for fair and reasonable terms and conditions of employment. The court needed to determine if the agreement was genuinely negotiated and if it adhered to the provisions of the Act, ensuring it did not undermine the protection of employees' rights. Additionally, the court examined whether the agreement was consistent with the principles of good faith bargaining and if it provided adequate protections for employees, particularly those who might be affected by changes in the industry.

The Fair Work Commission, in its decision, carefully considered the provisions of the proposed enterprise agreement and the submissions made by both parties. The court found that the agreement was fairly negotiated and that it provided for fair and reasonable terms and conditions of employment. It was noted that the agreement included provisions that protected employees' rights and ensured they were not disadvantaged by the changes proposed. The court also determined that the agreement adhered to the principles of good faith bargaining and did not undermine the protections afforded to employees under the Act. As a result, the Fair Work Commission approved the TIGER CORPORATION PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Signage & Sign Writers Enterprise Agreement 2024 - 2027.

In approving the enterprise agreement, the Fair Work Commission directed that it come into effect on the date of the decision. This decision ensures that the terms and conditions of employment are regulated under the approved agreement, providing certainty and protection for both the employer and the employees involved.

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