Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2166

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1945)

AAMS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 4 JULY 2025

Application for approval of the AAMS CONSTRUCTION PTY LTD 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 AAMS CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 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

The case involves an application by the Construction, Forestry and Maritime Employees Union (CFME) and AAMS Construction Pty Ltd for the approval of the Architectural Features & Fittings Enterprise Agreement 2024-2027 under the Fair Work Act 2009. The matter was heard in the Fair Work Commission, an industrial relations tribunal in Australia, which has the authority to approve, reject, or vary enterprise agreements to ensure they meet certain criteria. The dispute centred on whether the proposed agreement complied with the statutory requirements for approval and if it contained terms and conditions that were fair and reasonable.

The court needed to determine if the agreement met the criteria outlined in the Fair Work Act, including whether it was made in good faith, provided for a genuine enterprise, and contained only matters that were negotiable. Additionally, the court had to consider if the agreement was fair and reasonable, taking into account factors such as the parties' bargaining positions, the nature of the industry, and the economic context. It was also necessary to evaluate if the agreement contained terms that were necessary to protect workers' rights and interests.

The Fair Work Commission found that the agreement was made in good faith and represented a genuine enterprise agreement. The court noted that the parties had engaged in negotiations and reached a consensus on the terms. The Commission examined the economic context and the nature of the industry, concluding that the agreement contained terms that were fair and reasonable. It also found that the agreement did not contain any terms that were against the public interest or detrimental to the parties' rights. Consequently, the Commission approved the agreement, confirming that it met all the statutory requirements and was in the best interest of the employees and the employer.

The final orders of the Fair Work Commission included the approval of the Architectural Features & Fittings Enterprise Agreement 2024-2027, which will now be binding on the employees and the employer. The agreement will provide the basis for employment terms and conditions in the architectural features and fittings industry for the duration of the agreement.

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