Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2490

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2354)

BIRRELL FAMILY TRUST (THE TRUSTEE FOR) T/AS WAYNES HIGH ACCESS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JULY 2025

Application for approval of the BIRRELL FAMILY TRUST (THE TRUSTEE FOR) T/As WAYNES HIGH ACCESS 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 BIRRELL FAMILY TRUST (THE TRUSTEE FOR) T/As WAYNES HIGH ACCESS 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 23 March 2025 and the Agreement was made on 6 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 5 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a specialised rope access enterprise agreement between the Birrell Family Trust trading as Waynes High Access and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The agreement in question was proposed for the period 2024 to 2027 and aimed to establish terms and conditions for employees engaged in specialised rope access services.

The central legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009, including the provisions for enterprise agreements under section 230. Specifically, the Commission needed to determine if the agreement was made in good faith, if it contained the necessary minimum terms and conditions, and if it was consistent with the overarching principles of the Fair Work Act, including fairness and equity for employees. The Commission also considered the extent to which the agreement adhered to the relevant industry standards and practices.

In reaching its decision, the Commission evaluated the provisions of the proposed agreement against the statutory framework. It found that the agreement contained all the mandatory minimum terms and conditions as stipulated by the Fair Work Act. Furthermore, the Commission was satisfied that the agreement was made in good faith and was consistent with the principles of fairness and equity. The Commission also noted that the agreement aligned with industry standards and provided adequate protections for employees, thus ensuring that it was consistent with the broader objectives of the Fair Work Act.

As a result, the Commission approved the proposed agreement, finding it to be compliant with all relevant legislative requirements. The agreement is now legally binding on the parties involved, providing a framework for employment conditions 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