Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2257

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2127)

SCB CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 9 JULY 2025

Application for approval of the SCB CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SCB CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 16 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

The Construction, Forestry and Maritime Employees Union (CFMEUA) and SCB Civil Pty Ltd applied for approval of their Enterprise Agreement, the Subcontractors Formwork Enterprise Agreement 2024-2027, under section 234 of the Fair Work Act 2009. The application was heard in the Federal Circuit and Family Court of Australia by Justice Mortimer. The primary dispute involved whether the Enterprise Agreement complied with the provisions of the Fair Work Act, including whether it was appropriately certified and if the requirements for fair and genuine bargaining were met.

The legal issues before the court included whether the union had certified the agreement in accordance with the Act, whether there had been genuine efforts to bargain collectively, and if the agreement met the minimum standards set by the Fair Work Act. The court had to consider if there were any procedural irregularities or non-compliance with the mandatory requirements for the certification and approval of such agreements. Additionally, the court examined whether the agreement was consistent with the public interest and if it was fair and reasonable in its terms.

Justice Mortimer concluded that the application met the statutory requirements and was in the public interest. The court found that the union had properly certified the agreement and that there had been genuine efforts to bargain collectively. The agreement was deemed to meet the minimum standards and was fair and reasonable. The court approved the agreement under section 234 of the Fair Work Act.

The court made an order approving the Subcontractors Formwork Enterprise Agreement 2024-2027 between SCB Civil Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was to be registered and enforceable as a registered agreement, effective from the date of the court's order. The decision confirmed the agreement's compliance with the statutory requirements and affirmed its approval.

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