Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2148

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1856)

ELITE PERIMETER SECURITY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FENCING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 JUNE 2025

Application for approval of the ELITE PERIMETER SECURITY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ELITE PERIMETER SECURITY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing 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.

NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). 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 7 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 court involved an application to approve an enterprise agreement between ELITE PERIMETER SECURITY PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question, the ELITE PERIMETER SECURITY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027, was the subject of contention as it proposed terms for employment and industrial relations between the parties. The court's task was to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues revolved around whether the enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the court had to examine whether the agreement had been made in good faith, whether it was free from any improper influence or coercion, and whether it contained provisions that were necessary to prevent, mitigate, or remedy an unfair outcome. Additionally, the court assessed whether the agreement included provisions that were necessary to prevent, mitigate, or remedy a workplace dispute.

In examining the application, the court considered the evidence presented by both parties, including submissions on the fairness of the agreement, the negotiation process, and the impact on the workforce. The court determined that the agreement met the statutory criteria for approval. It was satisfied that the agreement was made in good faith, free from any improper influence or coercion, and that it contained necessary provisions to prevent, mitigate, or remedy an unfair outcome. The court also found that the agreement provided for a fair and reasonable outcome for the employees.

As a result of the court's findings, the ELITE PERIMETER SECURITY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Fencing Enterprise Agreement 2024 - 2027 was approved. The court issued orders confirming the approval of the enterprise agreement, allowing it to take effect as a legally binding instrument governing 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