Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2545

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2376)

RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/AS ELEVATOR PLACEMENT SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/AS ELEVATOR PLACEMENT SERVICES and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RAINBOW FAMILY TRUST (THE TRUSTEE FOR) T/AS ELEVATOR PLACEMENT SERVICES and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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

The matter before the Fair Work Commission was an application for the approval of the Enterprise Agreement between the Rainbow Family Trust trading as Elevator Placement Services and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose from the negotiation process and content of the agreement, which was proposed to cover the period from 2024 to 2027. The Trust sought formal approval of the agreement to ensure its legal enforceability, while the CFMEU aimed to ensure that the terms were fair and just for its members.

The central legal issues before the Commission were whether the agreement had been made in accordance with the applicable legal framework, specifically the Fair Work Act 2009, and whether it complied with the 'better-off, worse-off' and 'no-disadvantage' tests. These tests require that employees be no worse off financially and not disadvantaged compared to their previous conditions. Additionally, the Commission needed to assess whether the agreement contained mandatory provisions as required by law and if it adhered to procedural fairness in its negotiation.

In reaching its decision, the Commission examined the process of negotiation, ensuring that it was conducted in good faith and involved meaningful consultation. The Commission also reviewed the terms of the agreement to verify that they met the statutory requirements, particularly concerning the 'better-off, worse-off' and 'no-disadvantage' tests. After thorough consideration, the Commission concluded that the negotiation process was fair and that the terms of the agreement complied with the legal standards. The agreement was thus approved, ensuring its enforceability and the protection of the rights of both parties.

The final orders of the Commission were to approve the Architectural Features & Fittings Enterprise Agreement 2024-2027 between the Rainbow Family Trust trading as Elevator Placement Services and the CFMEU (Victorian Construction and General Division). The Commission determined that the agreement met all legal requirements and was fair and just for the employees involved.

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