Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2426)

KENNY CONSTRUCTIONS (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the KENNY CONSTRUCTIONS (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the KENNY CONSTRUCTIONS (AUST) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 (CFMEU). 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 26 June 2025 and the Agreement was made on 21 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 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 is approved and, in accordance with s.54 of the Act, will operate from 8 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 applicants in this case were the Construction, Forestry and Maritime Employees Union (CFMEU), representing the employees, and Kenny Constructions (Aust) Pty Ltd, the employer. They sought the approval of the Subcontractors Formwork Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, where the nature of the dispute involved ensuring the agreement met the necessary legislative requirements for approval.

The legal issues at hand required the Commission to determine whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. This included assessing whether the agreement contained all the prescribed terms and conditions, and whether it was made in good faith and without coercion. Additionally, the Commission had to consider whether the agreement met the criteria for being a simple, flexible, and productive workplace agreement, which is a legislative requirement for such agreements.

In reaching its decision, the Fair Work Commission carefully examined the terms and conditions outlined in the proposed agreement. The Commission found that the agreement contained all the prescribed terms and conditions and was made in good faith, without any evidence of coercion. The Commission also determined that the agreement met the criteria for being a simple, flexible, and productive workplace agreement. Consequently, the Commission approved the Subcontractors Formwork Enterprise Agreement 2024 - 2027, finding it to be compliant with the relevant legislation.

The final orders of the Commission were that the Subcontractors Formwork Enterprise Agreement 2024 - 2027, as submitted by the parties, was approved. The agreement was to be registered by the Fair Work Ombudsman and would come into effect on the date of registration. The approval marked the formal recognition of the agreement as a legally binding enterprise agreement between the parties, governing the terms and conditions of employment for the specified period.

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