Construction, Forestry and Maritime Employees Union

[2025] FWCA 2173

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1965)

C & S LIGHTWEIGHT BUILDING SPECIALISTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 -2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 JULY 2025

Application for approval of the C & S LIGHTWEIGHT BUILDING SPECIALISTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the C & S LIGHTWEIGHT BUILDING SPECIALISTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 2 July 2025 and, in accordance with s.54 of the Act, will operate from 9 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 an application for approval of the C & S Lightweight Building Specialists Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009. The Construction, Forestry and Maritime Employees Union, as the employer's representative, and C & S Lightweight Building Specialists Pty Ltd, as the employee's representative, were the parties involved in the dispute. The primary issue for the court was to determine whether the proposed enterprise agreement met the statutory requirements and could be approved under the Act.

The court had to consider several legal issues, including whether the agreement provided for the employees' terms and conditions of employment, and if it included provisions for minimum rates of pay, classification of employees, and dispute resolution mechanisms. Furthermore, the court had to ensure that the agreement was free from any provisions that would undermine the protections afforded to employees under the Fair Work Act. The court also needed to assess if the agreement was fair and reasonable, taking into account the bargaining power of the parties and any other relevant factors.

The court, after reviewing the proposed agreement and the submissions made by the parties, found that the agreement met the statutory requirements and was fair and reasonable. The court approved the agreement, noting that it provided for the employees' terms and conditions of employment, including minimum rates of pay, classification of employees, and dispute resolution mechanisms. The court was satisfied that the agreement was free from any provisions that would undermine the protections afforded to employees under the Fair Work Act. The court considered that the agreement was a result of genuine and meaningful bargaining and was fair and reasonable, taking into account the bargaining power of the parties and any other relevant factors.

No further orders were made by the court. The approval of the enterprise agreement allows the parties to implement the terms and conditions of employment outlined in the agreement, providing certainty and stability for both employers and employees in the bricklaying industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established