Construction, Forestry and Maritime Employees Union

[2025] FWCA 2065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1865)

ALIMAK GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 24 JUNE 2025

Application for approval of the ALIMAK GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ALIMAK GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment 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 1 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 involved an application for the approval of an enterprise agreement between the Alimak Group Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. The matter was heard in the Fair Work Commission. The union and the company sought to have their enterprise agreement approved under the Fair Work Act 2009.

The central legal issues before the Commission were whether the enterprise agreement complied with the provisions of the Fair Work Act, including meeting the requirements for genuine bargaining, providing for the protection of employees' rights, and ensuring procedural fairness. The Commission needed to determine if the agreement contained all the mandatory terms prescribed by the Act and whether it was made in good faith.

The Fair Work Commission found that the enterprise agreement met all the necessary legal requirements. The agreement was the result of genuine negotiations between the parties, and it included all the mandatory terms as stipulated by the Fair Work Act. The Commission was satisfied that the agreement provided adequate protections for the employees and was made in good faith. As such, the Commission approved the enterprise agreement.

In light of the findings, the Fair Work Commission approved the ALIMAK GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027. The approval was based on the determination that the agreement was made in accordance with the Fair Work Act and met all the necessary legal criteria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established