Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2102

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1861)

ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD 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 ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD 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 8 July 2024 and the Agreement was made on 11 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 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

In the case concerning the approval of the ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027, the application was brought before the Fair Work Commission. The dispute involved the negotiation and proposed terms of the enterprise agreement between the employer and the union. The Commission was tasked with determining whether the agreement met the legal standards for approval under the Fair Work Act.

The legal issues the court had to address were whether the agreement was genuinely negotiated, met the coverage test, and was fair and reasonable. The court had to ensure that the agreement was not only negotiated in good faith but also covered the appropriate scope of employees and provided fair and reasonable terms for all parties involved. Additionally, the Commission examined if the agreement included appropriate dispute resolution mechanisms and complied with other relevant legislative requirements.

The Fair Work Commission, after thorough examination, concluded that the agreement was genuinely negotiated, covered the appropriate scope of employees, and contained fair and reasonable terms. The Commission was satisfied that the dispute resolution mechanisms were adequate and that the agreement complied with all relevant legislative requirements. Consequently, the application for approval was granted, and the enterprise agreement was registered.

The final orders included the registration of the ALPHA-FORM CONSTRUCTIONS (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027, effective from the date of the Commission's decision. The agreement is now legally binding on the parties involved, establishing the terms and conditions of employment for the specified period.

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