Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2117)

MFP ENTERPRISES VIC PTY LTD T/AS TIAMA CONSTRUCTIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2025

Application for approval of the MFP ENTERPRISES VIC PTY LTD T/AS TIAMA CONSTRUCTIONS 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 MFP ENTERPRISES VIC PTY LTD T/AS TIAMA CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 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 sought approval for the MFP Enterprises Vic Pty Ltd T/As Tiaama Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The applicant argued that the agreement met the requirements under the Fair Work Act 2009, including providing for a minimum rate of pay and reasonable terms and conditions for employees. The applicant also submitted that the agreement was fairly negotiated and contained appropriate mechanisms for resolving disputes.

The legal issues before the Commission included whether the agreement was genuinely negotiated, met the "better off overall test", and provided for fair terms and conditions in line with the relevant legislation. The Commission had to determine if the agreement fairly represented the interests of the employees and employers and complied with all statutory requirements. The Commission also needed to ensure that the agreement was in the best interest of the employees and the employers and would promote harmonious, productive and cooperative workplace relations.

After reviewing the evidence and submissions from both parties, the Commission found that the agreement was genuinely negotiated and met the "better off overall test". The Commission was satisfied that the agreement provided for fair terms and conditions for employees, including minimum rates of pay, leave entitlements, and reasonable working conditions. The Commission also noted that the agreement contained appropriate mechanisms for resolving disputes and promoting harmonious workplace relations. Consequently, the Commission approved the agreement, highlighting the importance of fair and reasonable terms and conditions in promoting cooperative and productive workplace relations.

The Fair Work Commission approved the MFP Enterprises Vic Pty Ltd T/As Tiaama Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from 1 March 2024. The Commission's decision recognised the importance of fair and reasonable terms and conditions in promoting cooperative and productive workplace relations. The approved agreement will now serve as the minimum terms and conditions for employees covered by the agreement, ensuring that they receive fair compensation and working conditions.

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