| [2025] FWCA 2113 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1962)
REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/AS REMCON CONSTRUCTIONS GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 30 JUNE 2025 |
Application for approval of the REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/AS REMCON CONSTRUCTIONS GROUP 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 REMEDIAL CONTRACTORS AUSTRALIA PTY LTD T/AS REMCON CONSTRUCTIONS GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 May 2025 and the Agreement was made on 16 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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.
DEPUTY PRESIDENT
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2113
- Case
- [2025] FWCA 2113
- Decision Date
CaseChat Overview and Summary
The central legal question before the FWC was whether the proposed enterprise agreement between the CFMEU and Remcon Constructions Group met the necessary criteria for approval. This included assessing whether the agreement was in the best interests of the employees covered by it and whether it complied with the provisions of the Fair Work Act 2009. The FWC also had to consider the fairness of the terms of the agreement to both parties.
In determining the approval of the agreement, the FWC examined the nature of the bargaining process and the terms of the agreement itself. The FWC found that the agreement had been made in good faith and after genuine negotiations. It also found that the agreement contained terms and conditions that were fair and reasonable, considering the nature of the industry and the circumstances of the employees. The FWC concluded that the agreement was in the best interests of the employees and was in compliance with the Fair Work Act.
Consequently, the FWC approved the Subcontractors Formwork Enterprise Agreement 2024 - 2027 between the CFMEU and Remcon Constructions Group. This approval ensures that the terms of the agreement will apply to the relevant employees during the specified period.
Orders
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Background
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Evidence
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