Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2476

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2312)

TFORM SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 JULY 2025

Application for approval of the TFORM SERVICES 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 TFORM SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 23 July 2025.

On 23 July 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Sasha Lekakis and supporting material which resolved the pre-approval concerns identified.

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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the TFORM SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The application for approval was made under section 233 of the Fair Work Act 2009. The main dispute centred on the terms and conditions outlined in the proposed agreement, including wages, hours of work, and other employment-related matters.

The key legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act, including whether the agreement provided for the proper operation of the enterprise and whether it was in the best interests of the employees. The Commission had to assess if the agreement contained any terms that were unfair or did not comply with the statutory minimum standards. Furthermore, the Commission considered if the process for developing the agreement was appropriate and if the agreement had been made without any undue influence or coercion.

After careful consideration, the Commission found that the proposed agreement met the necessary criteria for approval. The Commission concluded that the agreement was fair, provided for the proper operation of the enterprise, and was in the best interests of the employees. The agreement contained terms that were consistent with the statutory minimum standards and had been made through a process that was free from undue influence or coercion. Consequently, the Fair Work Commission approved the TFORM SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027.

The final orders of the Commission were that the agreement be approved, effective from the date of the decision, and that it be registered with the Fair Work Commission. The Commission also directed that copies of the approved agreement be provided to the parties and lodged with the Fair Work Commission. This decision ensures that the terms and conditions of employment are clearly defined and that both parties are bound by the agreed terms for the duration of the enterprise agreement.

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