Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1772)

ALULINE COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 24 JUNE 2025

Application for approval of the Aluline Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Aluline Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 13 June 2025.

On 16 June 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Sasha Lekakis and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission was an application for the approval of an enterprise agreement between Aluline Commercial Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions of employment, including wages, hours, and other working conditions for employees in the cladding and facade industry. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement provided for the safety net of minimum entitlements and whether it had been made in good faith and without the use of coercion or undue influence. The Commission needed to ensure that the agreement did not undermine the existing safety net provided by the Fair Work Act and that it was fairly negotiated between the parties. Additionally, the Commission had to assess whether the agreement adequately addressed the specific needs and concerns of the employees within the industry.

In reaching its decision, the Commission examined the provisions of the agreement in detail, considering whether they provided for the minimum entitlements outlined in the Fair Work Act and whether they were consistent with the principles of good faith bargaining. The Commission also considered submissions from both parties and any relevant industry standards or awards. After careful consideration, the Commission determined that the agreement met the necessary criteria for approval. It provided for the safety net of minimum entitlements and had been made in good faith without any evidence of coercion or undue influence.

Consequently, the Commission approved the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement now serves as a binding contract between Aluline Commercial Pty Ltd and the Construction, Forestry and Maritime Employees Union 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