Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2030

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1827)

ORACLE STRUCTURES TRUST (THE TRUSTEE FOR) T/AS ORACLE STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 2 JULY 2025

Application for approval of the ORACLE STRUCTURES TRUST (THE TRUSTEE FOR) T/AS ORACLE STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ORACLE STRUCTURES TRUST (THE TRUSTEE FOR) T/AS ORACLE STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 9 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 matter before the Fair Work Commission involved an application for approval of an enterprise agreement between the Oracle Structures Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The Trust, trading as Oracle Structures Pty Ltd, sought to have the proposed Subcontractors Formwork Enterprise Agreement 2024 - 2027 approved under the Fair Work Act 2009. The Union, on the other hand, argued that the agreement met the necessary requirements for approval. The Commission was tasked with determining whether the agreement was a simplified agreement, whether it contained the necessary good faith bargaining provisions, and if it provided for the resolution of disputes in accordance with the Act.

The legal issues central to this case revolved around the interpretation and application of the Fair Work Act 2009 in relation to enterprise agreements. The key issues included whether the proposed agreement constituted a simplified agreement, whether it contained sufficient good faith bargaining provisions, and if it complied with the dispute resolution requirements outlined in the Act. The Commission had to scrutinise the agreement to ensure that it met all the statutory prerequisites for approval, particularly in light of the specific requirements for simplified agreements.

The Fair Work Commission found that the proposed agreement was indeed a simplified agreement and that it contained the necessary good faith bargaining provisions. The Commission further determined that the agreement complied with the dispute resolution requirements. The decision hinged on the interpretation of the statutory provisions concerning simplified agreements and the Commission’s assessment of whether the agreement fulfilled the criteria for good faith bargaining and dispute resolution. In reaching its decision, the Commission emphasised the importance of ensuring that the agreement was fair and reasonable, taking into account the interests of both parties.

Consequently, the Fair Work Commission approved the Oracle Structures Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. The Commission’s decision was based on its finding that the agreement met all the statutory requirements for approval under the Fair Work Act 2009. The agreement was thus approved, enabling it to take effect and govern the employment conditions between the parties for the specified period.

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