Construction, Forestry and Maritime Employees Union

[2025] FWCA 2576

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2482)

CODE FIRE PROTECTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 AUGUST 2025

Application for approval of the CODE FIRE PROTECTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CODE FIRE PROTECTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire 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 24 June 2025 and the Agreement was made on 18 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 12 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

In the recent case, the Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a proposed enterprise agreement between CODE FIRE PROTECTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027. The agreement aimed to establish terms and conditions for employees within the passive fire protection industry, encompassing areas such as wages, hours of work, leave provisions, and dispute resolution mechanisms. The application was subject to scrutiny to ensure the agreement complied with the relevant industrial relations legislation and served the interests of the employees involved.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. This involved an examination of whether the agreement provided for fair and reasonable terms and conditions, taking into account the bargaining power of the parties, the public interest, and the broader industrial relations context. The Commission also needed to consider if the agreement adequately addressed the needs of the workforce and did not unfairly disadvantage any party.

In delivering its decision, the Commission found that the proposed agreement contained terms that were fair and reasonable. The Commission noted that the agreement provided for appropriate wage increases, comprehensive leave provisions, and clear dispute resolution mechanisms. Additionally, the Commission was satisfied that the agreement did not place an unreasonable burden on the employer and was consistent with broader industrial relations principles. Given these findings, the Commission approved the agreement, recognising its potential to provide stability and fairness to the workforce in the passive fire protection industry.

The final orders of the Commission included the approval of the proposed enterprise agreement, effective from the date of the decision. The Commission directed that the agreement be registered with the Fair Work Commission and that it would apply to the employees of CODE FIRE PROTECTION PTY LTD who were covered by the agreement. The decision also included provisions for the agreement to be communicated to all relevant employees and for any necessary amendments to be made in accordance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established