Construction, Forestry and Maritime Employees Union

[2025] FWCA 2613

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2498)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2025

Application for approval of the COMMERCIAL CARPENTRY 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 COMMERCIAL CARPENTRY 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.

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 13 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the Commercial Carpentry Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The application was brought by the union, and the employer opposed it. The agreement sought to establish terms and conditions of employment for subcontractors within the carpentry and joinery industry in Victoria.

The legal issues the Commission had to address included whether the agreement met the statutory requirements for approval, including whether it complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. Specifically, the Commission had to consider whether the agreement was made in good faith, whether it covered only matters that were negotiable between the parties, and whether it provided for proper dispute resolution mechanisms. Furthermore, the Commission examined whether the agreement was in the best interests of the employees it covered and whether it met the ‘better off overall’ test.

The Commission found that the agreement was made in good faith and was in the best interests of the employees. It considered the agreement to be fair and reasonable, providing for a fair and equitable outcome for both parties. The Commission also found that the agreement met the ‘better off overall’ test, as it provided for terms and conditions that were at least as good as, if not better than, those provided for in the relevant award. The Commission was satisfied that the agreement complied with the statutory requirements for approval, including proper dispute resolution mechanisms, and therefore granted the application for approval.

As a result, the Commercial Carpentry Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 was approved by the Commission, and it will now apply to the relevant employees and employers.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established