Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2307

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2151)

ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 -2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 JULY 2025

Application for approval of the ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the ABF ALUMINIUM BALUSTRADING SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 11 July 2025 and, in accordance with s.54 of the Act, will operate from 18 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and ABF Aluminium Balustrading Systems Pty Ltd applied for the approval of the ABF Aluminium Balustrading Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment for workers in the carpentry and joinery industry, specifically under the proposed enterprise agreement. The key legal issues revolved around whether the agreement met the requirements under the Fair Work Act 2009, particularly in terms of procedural fairness, the avoidance of unprotected industrial action, and whether the agreement was in the best interests of the employees.

The Commission examined the submissions from both parties and the evidence presented, focusing on whether the agreement provided fair and reasonable terms and conditions for the employees. It also considered whether the agreement was made without the influence of protected industrial action. The CFMEU argued that the agreement was fair and in the best interests of the employees, while ABF Aluminium Balustrading Systems Pty Ltd contended that the agreement should be approved as it met the necessary statutory requirements. The Commission concluded that the agreement was procedurally sound and free from undue influence, and that it provided fair and reasonable terms and conditions for the employees. Furthermore, the Commission determined that the agreement was in the best interests of the employees and did not encourage unprotected industrial action.

Accordingly, the Commission approved the ABF Aluminium Balustrading Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from the date of the decision. The approval ensures that the terms and conditions outlined in the agreement are legally binding for the duration of the agreement. The decision reinforces the importance of adhering to the statutory requirements and the principles of fairness in enterprise agreements.

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