Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2461

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2265)

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

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

Application for approval of the Professional Maintenance Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Professional Maintenance Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade 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 18 July 2025.

On 18 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 Graham Spranenn 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

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, along with Professional Maintenance Pty Ltd, applied for approval of a Subcontractors Cladding & Façade Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission. The union and the company sought to have the agreement recognised as a registered agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the legislative requirements and whether it was made in good faith.

The Commission found that the agreement was made in good faith and complied with the statutory requirements. It was noted that the agreement was the result of negotiations between the union and the employer, and both parties demonstrated a willingness to reach an agreement. The Commission also found that the agreement contained provisions that were necessary to protect the interests of the employees, such as provisions on minimum wages and conditions, dispute resolution, and health and safety. The agreement also included provisions that were beneficial to both parties, such as provisions on flexibility and productivity. The Commission was satisfied that the agreement was fair and reasonable, and approved it as a registered agreement.

The Fair Work Commission approved the Subcontractors Cladding & Façade Enterprise Agreement 2024-2027 as a registered agreement. The agreement will now be binding on all employees covered by the agreement, and will remain in effect until it is terminated or replaced by a new agreement. The Commission noted that the agreement was a positive example of good faith bargaining and cooperation between employers and employees, and encouraged other parties to follow their example. The Commission also noted that the agreement demonstrated the benefits of enterprise bargaining, and encouraged other parties to consider this as a means of resolving workplace disputes.

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