Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2436)

A2 CLEANING GROUP PTY LTD T/AS A2 ABSEILING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 31 JULY 2025

Application for approval of the A2 CLEANING GROUP PTY LTD T/As A2 ABSEILING and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the A2 CLEANING GROUP PTY LTD T/As A2 ABSEILING and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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 7 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

In the matter of Construction, Forestry and Maritime Employees Union, the applicant sought approval of a proposed enterprise agreement with A2 Cleaning Group Pty Ltd T/As A2 Abseiling, for the period 2024-2027. The application was heard in the Fair Work Commission, where the primary issue was whether the proposed agreement complied with the relevant legislative provisions and met the necessary criteria for approval.

The legal issues before the Commission involved assessing the agreement's compliance with the Fair Work Act 2009. Specifically, the Commission had to determine whether the agreement was a bargain genuinely made between the parties, free from coercion or other improper conduct. Additionally, the Commission considered whether the agreement provided for appropriate terms and conditions, including minimum rates of pay, leave entitlements, and other benefits. The Commission also examined whether the agreement contained any provisions that were contrary to public policy or otherwise invalid.

The Commission found that the proposed agreement was a genuine bargain, made without any improper conduct or coercion. The agreement provided for fair and reasonable terms and conditions of employment, in line with the applicable minimum standards. The Commission noted that the parties had negotiated in good faith and had reached a consensus on the terms and conditions set out in the agreement. The Commission was satisfied that the agreement did not contain any provisions that were contrary to public policy or otherwise invalid. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the A2 Cleaning Group Pty Ltd T/As A2 Abseiling and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027, subject to the terms and conditions set out in the agreement. The Commission's decision provides certainty for both the employer and the employees covered by the agreement, ensuring that they are entitled to fair and reasonable terms 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