Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1738)

MONTY PRECAST PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Monty Precast Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 12 June 2025.

On 13 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 Nick Vamvas 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

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CaseChat Overview and Summary

The parties involved in this matter were the Construction, Forestry and Maritime Employees Union (CFMEU) and Monty Precast Pty Ltd. The dispute centred around the application for approval of the Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The Fair Work Commission was the court that heard and decided this matter. The Commission was tasked with determining whether the proposed agreement met the requirements under the Fair Work Act 2009 for it to be approved.

The primary legal issues the court needed to address included whether the agreement complied with the provisions of the Fair Work Act 2009, particularly in relation to the minimum terms and conditions it must include. The court also had to consider whether the agreement was made in good faith and whether it provided for a fair and efficient process for resolving disputes between the parties. The court further examined whether the agreement addressed the needs of the employees fairly and effectively.

In reaching its decision, the Commission examined the terms of the proposed agreement in detail, taking into account submissions from both parties. The Commission found that the agreement met the necessary statutory requirements and was made in good faith. The agreement was deemed to provide fair and efficient processes for resolving disputes and addressed the needs of the employees effectively. Consequently, the Commission approved the Subcontractors Precast Panel Enterprise Agreement 2024 - 2027, noting that it balanced the interests of both employers and employees appropriately.

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