Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2504

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2399)

HARRIS FAMILY TRUST (THE TRUSTEE FOR) T/AS HARRIS CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the HARRIS FAMILY TRUST (THE TRUSTEE FOR) T/AS HARRIS CONSTRUCTIONS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the HARRIS FAMILY TRUST (THE TRUSTEE FOR) T/AS HARRIS CONSTRUCTIONS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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

In the case of the Application for approval of the Harris Family Trust (the trustee for) Harris Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, the primary parties involved were the Harris Family Trust and the Construction, Forestry and Maritime Employees Union. The dispute centred on the proposed enterprise agreement's terms and conditions for subcontractors in the carpentry and joinery sectors in Victoria. The matter was heard by the Fair Work Commission, an industrial relations tribunal in Australia.

The court was tasked with determining whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. This included assessing if the agreement provided fair and reasonable terms for the employees and if it adhered to the requirements for enterprise agreements under the Act. The court had to consider whether the agreement provided for fair wages and conditions, and if it met the 'better off overall test', ensuring that the employees were not worse off than under the applicable award.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The court concluded that the agreement provided fair and reasonable terms for the employees and complied with the requirements of the Act. The agreement was found to provide for fair wages and conditions, and it met the 'better off overall test'. The Commission approved the enterprise agreement, finding that it would benefit the employees by providing them with improved conditions and protections.

The final order of the Fair Work Commission was the approval of the enterprise agreement, which will now govern the employment terms and conditions for subcontractors in the carpentry and joinery sectors in Victoria for the next three years.

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