Construction, Forestry and Maritime Employees Union

[2025] FWCA 2479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2353)

WASTECH SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 JULY 2025

Application for approval of the WASTECH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the WASTECH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 24 July 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the WASTECH SERVICES PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027. The matter was brought before the Fair Work Commission, which has jurisdiction over such applications under the Fair Work Act 2009. The primary issue before the Commission was whether the proposed enterprise agreement complied with the legislative requirements for approval, including whether it provided for fair and reasonable terms and conditions of employment, and whether it was made in good faith.

The Commission considered whether the agreement met the various statutory requirements, including the need for fair and reasonable terms that were not excessively harsh or one-sided. This involved examining the provisions of the agreement in light of the existing Fair Work Act and the Fair Work (Registered Organisations) Act 2009. The Commission also assessed whether the agreement was genuinely made in good faith, taking into account the process by which it was negotiated and the conduct of the parties involved.

After thorough examination, the Commission determined that the proposed enterprise agreement did indeed meet the statutory requirements for approval. The terms were found to be fair and reasonable, providing a balanced set of conditions that appropriately reflected the needs and contributions of both parties. Furthermore, the evidence indicated that the agreement had been negotiated in good faith, with both parties demonstrating a commitment to reaching a fair and mutually beneficial outcome. Consequently, the Commission approved the enterprise agreement, recognising its compliance with the necessary legislative standards.

The final orders of the Commission were that the WASTECH SERVICES PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission’s decision. The agreement was to be registered by the Fair Work Ombudsman and would govern the employment terms and conditions of the parties 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