Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2155

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1935)

MF WINDOWS PTY LTD T/AS WINDOWS R US AUS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 JULY 2025

Application for approval of the MF WINDOWS PTY LTD T/AS WINDOWS R US AUS and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MF WINDOWS PTY LTD T/AS WINDOWS R US AUS and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 10 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 before the Fair Work Commission involved an application for approval of the MF WINDOWS PTY LTD T/AS WINDOWS R US AUS and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027. The application was brought forward by the union as it sought to have the agreement recognised under the Fair Work Act 2009. The primary focus of the dispute was on the terms and conditions outlined in the proposed agreement, specifically whether they met the legislative requirements for fair and reasonable terms.

The central legal issues the Commission had to address included whether the agreement contained the mandated minimum terms and conditions, and whether it adhered to the procedural requirements for approval as stipulated by the Fair Work Act. Additionally, the Commission needed to determine if the agreement was in the best interest of the employees it sought to cover, considering both its substantive terms and the fairness of the process by which it was negotiated.

In its decision, the Commission carefully examined the provisions of the agreement, confirming that it included all the mandated minimum terms and conditions as per the Act. The Commission also assessed the procedural fairness of the negotiation process, finding it to be compliant with the legislative requirements. Furthermore, the Commission considered the overall fairness and reasonableness of the agreement's terms for the employees involved. After thorough consideration, the Commission determined that the agreement met all the necessary criteria and approved it accordingly.

The final orders of the Commission were that the MF WINDOWS PTY LTD T/AS WINDOWS R US AUS and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009, effective from the date of the Commission's decision.

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