| [2025] FWCA 2230 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2079)
Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 8 JULY 2025 |
Application for approval of the Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Z & M VOLAREVIC GROUP PTY LTD T/AS INSTA SCAFF and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding 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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2230
- Case
- [2025] FWCA 2230
- Decision Date
CaseChat Overview and Summary
The legal issues before the FWC included whether the proposed agreement complied with the requirements of the Fair Work Act 2009. This included assessing whether the agreement met the procedural fairness requirements, if the bargaining process was genuine, and if the terms of the agreement were fair and reasonable. Additionally, the FWC needed to consider whether the agreement would meet the "better off overall test," ensuring that no party would be worse off as a result of the agreement.
In determining the application, the FWC examined the evidence provided by both parties regarding the bargaining process and the terms of the agreement. The FWC found that the bargaining process was conducted in good faith and that the agreement met the requirements of procedural fairness. The FWC also found that the terms of the agreement were fair and reasonable, taking into account the economic circumstances of the industry and the needs of the workforce. The FWC concluded that the agreement would result in no party being worse off overall, thus meeting the better off overall test. Consequently, the FWC approved the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027.
The FWC's final orders included the approval of the agreement, which is now a legally binding enterprise agreement between the Z & M Volarevic Group Pty Ltd and the CFMEU. The agreement is set to commence on 1 July 2024 and will remain in effect until 30 June 2027, governing the terms and conditions of employment for subcontractors within the scaffolding industry in Victoria.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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