Construction, Forestry and Maritime Employees Union

[2025] FWCA 2098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1884)

CARUSO TRADING TRUST (THE TRUSTEE FOR) T/AS CARUSO BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 JUNE 2025

Application for approval of the CARUSO TRADING TRUST (THE TRUSTEE FOR) T/AS CARUSO BRICKLAYING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CARUSO TRADING TRUST (THE TRUSTEE FOR) T/AS CARUSO BRICKLAYING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 29 September 2024 and the Agreement was made on 6 May 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 4 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Caruso Trading Trust, trustee for Caruso Bricklaying Pty Ltd, to approve a proposed enterprise agreement with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union sought to have the agreement approved under the Fair Work Act 2009. The court's role was to determine whether the agreement met the statutory requirements for approval.

The primary legal issues before the court were whether the proposed agreement was a genuine enterprise agreement and whether it complied with the provisions of the Fair Work Act. The court needed to consider whether the agreement had been made in good faith, whether it contained the necessary minimum terms and conditions, and whether it had been properly bargained. The court also needed to assess whether the agreement had been properly certified by the Fair Work Commission and whether it met the criteria for approval.

The court found that the proposed agreement was a genuine enterprise agreement and that it complied with all the necessary statutory requirements. The court was satisfied that the agreement had been made in good faith, contained the required minimum terms and conditions, and had been properly bargained. The court also found that the agreement had been certified by the Fair Work Commission and met all the criteria for approval under the Fair Work Act. The court approved the agreement, finding it to be fair and reasonable.

The final orders of the court were that the proposed enterprise agreement between Caruso Bricklaying Pty Ltd and the Construction, Forestry and Maritime Employees Union be approved. The court's approval of the agreement meant that it would be legally binding on the parties from the date of the order. The court's decision provided certainty for the parties and allowed the agreement to take effect as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established