Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2120

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1875)

CITYLINE SCAFFOLDING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the CITYLINE SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CITYLINE SCAFFOLDING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding 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 Regulations 2009 (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 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 case before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union and CITYLINE SCAFFOLDING PTY LTD, concerning the proposed Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. The parties sought approval of the agreement under the Fair Work Act 2009, which governs the establishment and maintenance of enterprise agreements in Australia. The Commission was tasked with determining whether the agreement met the criteria for approval, including fairness and compliance with the legislative framework.

The primary legal issues before the Commission were whether the proposed agreement was a "better off overall test" (BOOT) compliant enterprise agreement, and whether it complied with the Fair Work Act’s provisions. The Commission had to assess the fairness of the agreement's terms and conditions, considering the balance of benefits and detriments for the employees involved. Additionally, the Commission examined whether the agreement contained all the required provisions and whether the negotiation process was conducted in good faith.

In reaching its decision, the Commission reviewed the submissions from both parties and the relevant legislative provisions. The Commission found that the agreement provided a fair and reasonable balance of benefits and detriments for the employees, and that it contained all the required provisions as stipulated by the Fair Work Act. The negotiation process was deemed to have been conducted in good faith, with adequate opportunity for consultation and representation of the parties' interests. Therefore, the Commission approved the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027, recognising its compliance with the statutory requirements.

The final orders included the approval of the enterprise agreement, with the effective date of the agreement set forth in the decision. The Commission also mandated that the agreement be registered with the Fair Work Commission and provided to all relevant parties, ensuring its implementation and enforcement within the stipulated timeframe.

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