Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2512

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2368)

THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/AS LL INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2025

Application for approval of the Lawry Operating Trust (the Trustee for) T/AS LL Installations and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 Lawry Operating Trust (the Trustee for) T/AS LL Installations and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 30 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Lawry Operating Trust, acting as trustee for T/AS LL Installations, and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). The dispute centred on the application for approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The application was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to consider if the agreement was in the best interests of the employees and if it provided a fair and reasonable basis for resolving workplace issues.

The Commission examined the proposed agreement against the statutory requirements and relevant case law. It considered the balance of rights and obligations, the fairness of the terms, and the overall impact on the employees. The Commission also took into account submissions from both parties and relevant industry practices. After careful consideration, the Commission found that the agreement was fair and reasonable, as it provided a balanced approach to the rights and obligations of both employers and employees. The agreement was deemed to be in the best interests of the employees, as it offered fair terms of employment and adequate protections.

In light of the above, the Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The decision was based on the evidence presented and the legal requirements set out in the Fair Work Act 2009. The Commission concluded that the agreement met the necessary criteria for approval and was in the best interests of the employees. As a result, the agreement was formally approved and will come into effect as per the terms outlined in the document.

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