Construction, Forestry and Maritime Employees Union

[2025] FWCA 2224

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2098)

INNOVATIVE PRESTRESSING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 JULY 2025

Application for approval of the INNOVATIVE PRESTRESSING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the INNOVATIVE PRESTRESSING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 7 July 2025 and, in accordance with s.54 of the Act, will operate from 14 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

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Innovative Prestressing Pty Ltd, with the focus on the approval of a proposed enterprise agreement for subcontractors involved in post-tensioning work. The matter was heard by the Fair Work Commission, which has jurisdiction over employment and industrial relations matters in Australia.

The central legal issues revolved around the fairness and compliance of the proposed enterprise agreement with the requirements set out in the Fair Work Act 2009. The primary concern was whether the agreement adequately addressed the terms and conditions of employment for subcontractors in the post-tensioning industry, and whether it was free from any unfair provisions that might disadvantage employees.

In reaching its decision, the Commission examined the submissions from both parties, assessed the content of the proposed agreement, and considered relevant legislative provisions. The Commission found that the agreement was generally fair and balanced, providing appropriate protections and benefits for the subcontractors while also allowing for flexibility in the industry. The Commission approved the agreement, highlighting the importance of fair and effective industrial relations practices in maintaining a stable and productive workforce.

The Fair Work Commission approved the INNOVATIVE PRESTRESSING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024 - 2027, subject to the terms and conditions set out in the decision. This approval ensures that the agreement will serve as a binding framework for employment relations between the parties for 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