Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3550

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3522)

AUSTRALASIAN STONE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TILELAYER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 OCTOBER 2025

Application for approval of the AUSTRALASIAN STONE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayer Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the AUSTRALASIAN STONE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tilelayer 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 30 October 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 court was an application for the approval of a specific enterprise agreement between Australasian Stone Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Tilelayer Enterprise Agreement 2024-2027. The application was brought by the parties to the agreement, seeking the court’s endorsement under the Fair Work Act 2009. The legal issues before the court involved determining whether the agreement met the criteria for approval, including compliance with the Fair Work Act’s requirements and the provision of adequate protections and benefits for the employees covered by the agreement.

The court assessed the agreement against the statutory framework established by the Fair Work Act, focusing on whether the agreement was a "better off overall test" agreement and whether it complied with the procedural requirements set forth in the Act. The court examined the terms of the agreement, including wages, hours of work, leave entitlements, and other conditions of employment, to ensure they provided a safety net that was no less favourable than the applicable award or registered agreement. The court also considered submissions from the parties and any relevant evidence presented.

The court concluded that the agreement satisfied all necessary statutory requirements and provided adequate protections and benefits for the employees. It found that the agreement was a "better off overall test" agreement, offering employees terms and conditions that were at least as favourable as those provided by the relevant award or registered agreement. The court was satisfied that the agreement had been made in good faith and that the necessary procedural requirements had been met. Consequently, the court approved the enterprise agreement, allowing it to take effect from the specified commencement date.

The final orders of the court included the approval of the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Tilelayer Enterprise Agreement 2024-2027. The court directed that the agreement be registered and published in accordance with the Fair Work Act. The agreement was to take effect from the date of the court's approval, providing a legally binding framework for the employment conditions of the employees covered by 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