Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2222

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2116)

RESICOM ENGINEERING UNIT TRUST (THE TRUSTEE FOR) T/AS RESICOM ENGINEERING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the RESICOM ENGINEERING UNIT TRUST (THE TRUSTEE FOR) T/AS RESICOM ENGINEERING and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RESICOM ENGINEERING UNIT TRUST (THE TRUSTEE FOR) T/AS RESICOM ENGINEERING and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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 matter before the Fair Work Commission involved an application for the approval of the RESICOM ENGINEERING UNIT TRUST, trading as RESICOM ENGINEERING, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024-2027. The union and the employer sought to have the agreement approved under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the requirements for registration.

The central legal issue before the Commission was whether the enterprise agreement provided for the appropriate balance of rights and obligations between the employer and employees, and whether it adhered to the criteria for approval under the Fair Work Act. The Commission had to consider whether the agreement was made in good faith, whether it complied with the process requirements, and whether it was fair and reasonable. The Commission also needed to assess if the agreement provided for minimum terms and conditions of employment and whether it was consistent with the safety net provided by the National Employment Standards and the general protections in the Fair Work Act.

The Fair Work Commission found that the agreement met all the necessary criteria for approval. The Commission determined that the agreement was made in good faith and followed the required process. It was deemed to be fair and reasonable, providing for the minimum terms and conditions of employment as well as offering appropriate rights and obligations for both parties. The Commission also concluded that the agreement was consistent with the safety net provisions of the Fair Work Act. As a result, the Fair Work Commission approved the RESICOM ENGINEERING UNIT TRUST (THE TRUSTEE FOR) T/AS RESICOM ENGINEERING and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024-2027.

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