Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2468

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2352)

PACIFIC FACADE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 JULY 2025

Application for approval of the PACIFIC FACADE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the PACIFIC FACADE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 1 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 Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and the Pacific Facade Group Pty Ltd applied for the approval of the Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027. The agreement sought to regulate the employment terms and conditions for subcontractors in the cladding and facade industry for the specified period. The primary focus of the application was to ensure that the agreement met the necessary standards for simplicity, clarity, and fairness, as required by the Fair Work Act 2009.

The central legal issues revolved around whether the agreement satisfied the criteria set out in the Fair Work Act, particularly in relation to its simplicity, clarity, and fairness. The court had to examine the content of the agreement, ensuring it complied with the legislative requirements. The Commission needed to determine if the agreement appropriately addressed the rights and obligations of the parties involved, and whether it provided a clear framework for employment terms and conditions.

The Commission found that the agreement met the necessary standards. It was deemed to be clear, simple, and fair, with provisions that accurately reflected the terms and conditions of employment. The agreement was structured in a manner that ensured easy understanding and access for all parties involved. The Commission concluded that the agreement complied with the statutory requirements and approved the application for the Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027. The final orders of the Commission were that the agreement be approved and registered under the Fair Work Act.

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