Construction, Forestry and Maritime Employees Union

[2025] FWCA 2488

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2333)

MAHER CIVIL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the MAHER CIVIL GROUP PTY LTD 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 MAHER CIVIL GROUP PTY LTD 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.

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 27 June 2025 and the Agreement was made on 10 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 parties involved in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and the Maher Civil Group Pty Ltd. The nature of the dispute pertained to the application for approval of the Subcontractors Formwork Enterprise Agreement 2024 - 2027 between the CFMEU and Maher Civil Group. The case was heard by the Fair Work Commission (FWC). The legal issues that the FWC was required to decide centred on whether the proposed enterprise agreement complied with the Fair Work Act 2009, particularly concerning the procedural fairness, the provision of information, and the agreement's content in terms of fairness and reasonableness.

The FWC meticulously examined the procedural fairness of the agreement, assessing whether all necessary steps were taken to ensure genuine bargaining between the parties. The FWC also evaluated the adequacy of the information provided to the employees and whether it was sufficient for them to make an informed decision. Furthermore, the FWC considered whether the terms and conditions of the agreement were fair and reasonable in light of the broader economic and industry context. The FWC determined that the agreement met the legal requirements for approval, emphasising the procedural fairness of the bargaining process and the comprehensiveness of the information provided. The terms of the agreement were also found to be fair and reasonable, balancing the interests of both the employees and the employer.

Consequently, the FWC approved the application for the Subcontractors Formwork Enterprise Agreement 2024 - 2027. The final orders of the FWC confirmed the approval of the agreement, which will now be binding on the parties involved for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established