Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2323

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2206)

ARRAY LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 14 JULY 2025

Application for approval of the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 14 July 2025 and, in accordance with s.54 of the Act, will operate from 21 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 involved an application for the approval of the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027. This matter was heard in the Fair Work Commission, where the union and the employer sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The agreement aimed to regulate the employment conditions of subcontractors within the specified industries.

The central legal issue before the Commission was whether the enterprise agreement complied with the requirements of the Fair Work Act and was made in good faith. Key considerations included whether the agreement was genuinely negotiated between the parties, whether it provided for the fair and reasonable terms and conditions of employment, and whether it met the procedural requirements for registration. The Commission also examined the process by which the agreement was made, including the extent of consultation and negotiation between the parties.

In reaching its decision, the Commission considered the evidence provided by both the union and the employer. It evaluated the process by which the agreement was negotiated and whether it was conducted in good faith. The Commission determined that the agreement was genuinely negotiated and met the requirements of the Fair Work Act. It was satisfied that the terms and conditions of employment were fair and reasonable, and that the procedural requirements for registration were met. The Commission concluded that the agreement should be approved and registered as a registered enterprise agreement.

As a result, the Fair Work Commission approved the ARRAY LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027. This decision was based on the evidence that the agreement was genuinely negotiated in good faith and met the requirements of the Fair Work Act. The agreement now provides the terms and conditions of employment for subcontractors in the specified industries for the period from 2024 to 2027.

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