[2025] FWCA 2141
The attached document replaces the decision previously issued with the code [2025] FWC 1850 to correct document referencing.
Associate to Commissioner Lee
Dated 30 June 2025
| [2025] FWCA 2141 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1857)
ALL CONTRACTING SERVICES VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER LEE | MELBOURNE, 30 JUNE 2025 |
Application for approval of the ALL CONTRACTING SERVICES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the ALL CONTRACTING SERVICES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) 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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2141
- Case
- [2025] FWCA 2141
- Decision Date
CaseChat Overview and Summary
The central legal issues the court had to address included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a genuine enterprise agreement, if it contained the necessary minimum terms, and if it complied with the good faith bargaining provisions. Additionally, the court had to consider if the agreement provided for a fair and efficient workplace environment.
In reaching its decision, the court examined the evidence presented regarding the bargaining process, the content of the agreement, and the overall fairness of the terms. The court noted that the agreement was the result of genuine bargaining efforts between the parties, and that it contained all the required minimum terms. The court was satisfied that the process adhered to the principles of good faith and that the terms of the agreement were reasonable and equitable. Consequently, the court approved the agreement as compliant with the statutory requirements.
The court issued an order approving the ALL CONTRACTING SERVICES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027. The agreement was therefore to be registered and would come into effect on the date of the order, providing a binding framework for employment terms between the parties for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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