Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2413

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2306)

FIRE8 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2025

Application for approval of the FIRE8 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the FIRE8 PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire 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 29 July 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 FIRE8 Pty Ltd sought approval for the Subcontractors Passive Fire Enterprise Agreement 2024-2027. The union and the employer applied for the agreement to be approved as a transitional agreement. The agreement would apply to subcontractors engaged by FIRE8 Pty Ltd in relation to passive fire protection work. The parties applied for the agreement to be approved on 27 February 2024.

The legal issues the court had to decide were whether the application was validly made and whether the agreement was a "transitional agreement" within the meaning of section 230 of the Fair Work Act 2009 (Cth). In determining whether the agreement was a transitional agreement, the court had to consider whether it related to the same matters that were the subject of an existing enterprise agreement. The court also had to consider whether the agreement would expire within the period specified in section 230(2)(b) of the Act.

In determining whether the agreement was a transitional agreement, the court found that it was related to the same matters that were the subject of an existing enterprise agreement. The court found that the agreement would expire within the period specified in section 230(2)(b) of the Act. The court found that the application was validly made and that the agreement was a transitional agreement. The court approved the agreement as a transitional agreement on 27 February 2024.

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