Construction, Forestry and Maritime Employees Union

[2025] FWCA 2247

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2050)

JCO COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 8 JULY 2025

Application for approval of the JCO COMMERCIAL 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 JCO COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 4 July 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a subcontractor enterprise agreement between JCO Commercial Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was heard by the Fair Work Commission. The dispute centred on whether the proposed agreement met the requirements of the Fair Work Act 2009 and whether it provided for fair and reasonable terms and conditions of employment for the affected workers. The application was made under section 234 of the Act, seeking the Commission's formal approval of the proposed enterprise agreement.

The central legal issues before the Commission included whether the agreement provided for the employees' pay and conditions in a fair and reasonable manner, and whether it complied with all relevant provisions of the Fair Work Act. Additionally, the Commission considered whether the agreement provided adequate mechanisms for dispute resolution and whether it was genuinely negotiated between the parties. The Commission also examined whether the agreement adequately addressed the needs and interests of both the employer and the employees.

After careful consideration of the submissions and evidence presented by both parties, the Commission determined that the proposed enterprise agreement met the necessary legal standards. The Commission found that the agreement was fair and reasonable, provided for appropriate pay and conditions, and included suitable dispute resolution mechanisms. It was concluded that the agreement had been genuinely negotiated between the parties and adequately addressed the needs and interests of both the employer and the employees. Based on these findings, the Commission approved the subcontractor enterprise agreement as proposed.

Consequently, the Fair Work Commission granted approval of the JCO Commercial 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 agreement will now serve as the governing document for the terms and conditions of employment for the affected workers during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established