Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2619

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2512)

PREMIER FORMWORK & LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 AUGUST 2025

Application for approval of the Premier Formwork & Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Premier Formwork & Labour Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 6 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a proposed enterprise agreement between Premier Formwork & Labour Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around whether the proposed Subcontractors Formwork Enterprise Agreement 2024-2027 met the legal requirements for approval under the relevant industrial relations legislation. The case was heard in the Fair Work Commission, which is responsible for making binding decisions on the approval of enterprise agreements in Australia.

The central legal issues before the Commission were whether the proposed agreement complied with the formal requirements of the Fair Work Act 2009, including being in writing, being certified by the relevant union, and meeting the procedural requirements for approval. Additionally, the court had to consider whether the agreement was fair and reasonable in terms of its provisions, and whether it met the 'better off overall test' for employees.

The Commission found that the proposed agreement complied with all formal requirements and was appropriately certified by the relevant union. It also determined that the agreement was fair and reasonable, meeting the 'better off overall test' for the employees. The Commission considered the submissions and evidence presented by both parties and was satisfied that the agreement provided for appropriate protections and benefits for the employees. The Commission approved the proposed agreement, finding that it met all necessary legal criteria and would provide a fair outcome for the employees involved.

The Commission's decision resulted in the formal approval of the Subcontractors Formwork Enterprise Agreement 2024-2027 between Premier Formwork & Labour Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was approved and is now legally binding on both parties. The final orders included the approval of the agreement, with the effective date of the agreement being the date of the Commission's decision.

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