Construction, Forestry and Maritime Employees Union

[2025] FWCA 2353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2224)

FAÇADE CO UNIT TRUST (THE TRUSTEE FOR) T/AS PRIME LINE FACADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 17 JULY 2025

Application for approval of the FAÇADE CO UNIT TRUST (THE TRUSTEE FOR) T/AS PRIME LINE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the FAÇADE CO UNIT TRUST (THE TRUSTEE FOR) T/AS PRIME LINE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027 (Agreement). The application was made by Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 24 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, represented by the Victorian Construction and General Division, filed an application for the approval of the FAÇADE CO UNIT TRUST (the trustee for) T/AS PRIME LINE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The dispute centred around the terms and conditions of employment for workers engaged in cladding and facade work, specifically those employed by Prime Line Facades Pty Ltd, a subcontractor in the construction industry. The Union sought to have the proposed agreement approved to ensure fair and equitable terms for the employees.

The central legal issues revolved around whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The Commission needed to determine if the agreement was made in good faith, was free from any improper conduct, and if it provided fair and reasonable terms and conditions for the employees. Additionally, the Commission had to consider whether the agreement would result in a net benefit to the employees and if it complied with any relevant minimum standards prescribed by the Fair Work Regulations.

The Commission examined the evidence presented by both parties, focusing on the negotiation process, the content of the agreement, and its impact on the employees. It considered whether the Union had acted in good faith and whether the agreement provided terms and conditions that were fair and reasonable. The Commission also assessed if the agreement would result in a net benefit to the employees and if it complied with the minimum standards prescribed by the Fair Work Regulations. After thorough deliberation, the Commission found that the proposed agreement met all the necessary criteria for approval.

Consequently, the Commission approved the FAÇADE CO UNIT TRUST (the trustee for) T/AS PRIME LINE FACADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. This decision was made on the basis that the agreement was made in good faith, was free from any improper conduct, provided fair and reasonable terms and conditions for the employees, and complied with the relevant minimum standards. The approved agreement will now govern the terms and conditions of employment for the workers in the specified industry and role.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established