Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2406

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2259)

VERTICAL ACCESS SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SPECIALISED ROPE ACCESS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JULY 2025

Application for approval of the Vertical Access Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Vertical Access Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 April 2025 and the Agreement was made on 30 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 30 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Vertical Access Solutions Pty Ltd for the approval of their Enterprise Agreement, which covered the period 2024 to 2027. The application was lodged under the Fair Work Act 2009, with the Fair Work Commission hearing the case. The primary dispute centred on the terms and conditions of employment outlined in the proposed agreement, specifically those concerning wages, hours of work, and other employment-related provisions.

The legal issues before the Commission included whether the agreement met the requirements of the Fair Work Act, particularly in terms of its fairness and coverage. It was necessary to determine if the agreement provided for fair and reasonable terms and conditions of employment, and whether it included all employees within the relevant bargaining unit. Furthermore, the Commission had to assess if the agreement complied with the provisions of the Fair Work Act concerning matters such as minimum wages, penalty rates, and dispute resolution mechanisms.

The Commission thoroughly examined the proposed agreement, considering the submissions from both parties and the broader context of the industry. The Commission found that the agreement was fair and reasonable, meeting the statutory requirements. It was deemed to cover all employees within the relevant bargaining unit and provided adequate terms and conditions of employment. Notably, the Commission approved the agreement on the basis that it addressed the needs of both employers and employees while also adhering to the principles of the Fair Work Act. The court ordered the approval of the Vertical Access Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Specialised Rope Access Enterprise Agreement 2024-2027, making it a binding agreement between the parties.

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