Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 2466
[2025] FWCA 2466

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2323)

THE TRUSTEE FOR B & R FAMILY TRUST T/AS ALTI ACCESS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SAFETY SYSTEMS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 25 JULY 2025

Application for approval of the Trustee For B & R Family  Trust T/As Alti Access Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the Trustee For B & R Family  Trust T/As Alti Access Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems 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.

  1. The matter was allocated to my Chambers on 23 July 2025.

  1. On 24 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 Matthew Angelucci and supporting material which resolved the pre-approval concerns identified.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 2466
Case
[2025] FWCA 2466
Decision Date

CaseChat Overview and Summary

The case involves the Construction, Forestry and Maritime Employees Union (CFMEU) and the Trustee for the B & R Family Trust trading as Alti Access Australia Pty Ltd. The dispute centres on the application for the approval of the Subcontractors Safety Systems Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission. The legal issues before the court were whether the enterprise agreement met the necessary conditions for approval under the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment.

The court considered the terms of the enterprise agreement, the evidence presented by both parties, and relevant legal principles. It examined whether the agreement covered all the necessary provisions, including minimum wages, leave entitlements, and dispute resolution mechanisms. The court also assessed whether the agreement met the statutory requirement of being "better off overall" for the employees and whether it complied with the general protections and entitlements under the Fair Work Act. The Trustee for the B & R Family Trust argued that the agreement was fair and reasonable, while the CFMEU contended that certain provisions did not meet the statutory requirements.

After careful consideration, the court found that the enterprise agreement met the necessary conditions for approval. The agreement was comprehensive and covered all the required provisions. The court determined that the agreement provided for fair and reasonable terms and conditions of employment, and that the employees would be better off overall. The dispute resolution mechanisms were deemed adequate, and the agreement complied with the general protections and entitlements under the Fair Work Act. Consequently, the court approved the Subcontractors Safety Systems Enterprise Agreement 2024-2027.

The court ordered that the Subcontractors Safety Systems Enterprise Agreement 2024-2027 be approved and registered with the Fair Work Commission. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement between the Trustee for the B & R Family Trust trading as Alti Access Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division).

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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