Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2527

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2413)

BRISHONY NOMINEES PTY LTD T/AS COMPOSITE SUPPORT SYSTEMS VICTORIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JULY 2025

Application for approval of the BRISHONY NOMINEES PTY LTD T/AS COMPOSITE SUPPORT SYSTEMS VICTORIA 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 BRISHONY NOMINEES PTY LTD T/AS COMPOSITE SUPPORT SYSTEMS VICTORIA 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. 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 6 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 court involved an application for the approval of a Subcontractors Formwork Enterprise Agreement 2024-2027 between Brishony Nominees Pty Ltd t/as Composite Support Systems Victoria and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009. The key issue before the court was whether the proposed agreement met the criteria for registration set out in the Act. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement and if it complied with the requirements of the Act, including whether it had been fairly negotiated and was consistent with the principles of the national workplace relations system.

The court considered the evidence presented regarding the negotiation process and the content of the agreement. It examined the submissions from both parties, as well as any relevant precedents and statutory requirements. The court was particularly focused on whether the agreement had been negotiated in good faith and if it included all the prescribed terms. The court also assessed whether the agreement was consistent with the principles of the national workplace relations system, including ensuring it did not undermine the ability of parties to make their own contracts.

After reviewing the evidence and submissions, the court concluded that the agreement met the necessary criteria for approval. The court found that the negotiation process had been conducted in good faith and that the agreement contained all the required terms. Furthermore, the court determined that the agreement was consistent with the principles of the national workplace relations system and did not undermine the ability of parties to make their own contracts. Consequently, the court approved the Subcontractors Formwork Enterprise Agreement 2024-2027.

The court's final order was the approval of the Subcontractors Formwork Enterprise Agreement 2024-2027 between Brishony Nominees Pty Ltd t/as Composite Support Systems Victoria and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). This decision confirms the agreement as a genuine enterprise agreement and ensures its registration under the Fair Work Act 2009.

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