Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2393

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2302)

AMA PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JULY 2025

Application for approval of the AMA PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the AMA PRECAST PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 26 May 2025 and the Agreement was made on 1 July 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 28 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 case involves an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a Subcontractors Precast Panel Enterprise Agreement between AMA Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) for the years 2024 to 2027. The matter was heard in the Fair Work Commission, Australia’s industrial relations tribunal.

The primary legal issue the Commission had to address was whether the proposed agreement met the necessary criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was a "better off overall test" (BOOT) agreement, which required the Commission to be satisfied that the employees would be better off overall with the new agreement than they would be without it. Additionally, the Commission needed to ensure that the agreement complied with all relevant legislative provisions and did not unfairly discriminate against any group of employees.

The Commission carefully examined the details of the proposed agreement, including the terms and conditions it provided for employees. It considered the evidence and submissions from both parties and evaluated the impact of the agreement on the employees’ wages, conditions, and overall wellbeing. The Commission concluded that the agreement met the BOOT requirement and did not unfairly discriminate against any group of employees. As a result, the Commission approved the proposed agreement, finding it to be fair and reasonable for the employees covered by the agreement.

The Fair Work Commission approved the Subcontractors Precast Panel Enterprise Agreement between AMA Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) for the period of 2024 to 2027. The agreement now legally binds the parties and sets the terms and conditions of employment for the employees covered by the agreement.

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