Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2566

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2499)

RYAN TRADING TRUST (THE TRUSTEE FOR) T/AS TOTAL COOLROOMS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS COOLROOM BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 1 AUGUST 2025

Application for approval of the Ryan Trading Trust (the Trustee for) T/As Total Coolrooms and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder 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 Ryan Trading Trust (the Trustee for) T/As Total Coolrooms and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder 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.

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 1 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the Construction, Forestry and Maritime Employees Union (CFME Union) applied for the approval of the Ryan Trading Trust (the Trustee for) Total Coolrooms and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest and if it complied with the relevant provisions of the Act, including those relating to good faith bargaining, coverage, and the disclosure of terms and conditions.

The Commission examined the submissions from both the CFMEU and the Trustee, considering the fairness of the agreement's terms and the process by which it was negotiated. The Commission noted the absence of any significant objections to the agreement and concluded that the agreement was made in good faith and met the necessary criteria for approval. The Commission found that the agreement was fair and appropriate, and it approved the proposed enterprise agreement.

The final orders of the Commission were that the Ryan Trading Trust (the Trustee for) Total Coolrooms and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027 be approved in accordance with section 233 of the Fair Work Act 2009. The approved agreement is now legally binding between the parties, setting out the terms and conditions of employment for the relevant employees.

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