Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2061

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1743)

LIFT 'N' FIX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Lift 'N' Fix Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Lift 'N' Fix Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 Luke Ashby 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 involved an application for approval of the Lift 'N' Fix Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The agreement aimed to establish the terms and conditions of employment for carpenters and joiners employed by Lift 'N' Fix Pty Ltd, an Australian construction company. The dispute arose as the company sought to implement the proposed agreement, which was contested by the union on several grounds, including the adequacy of the agreement's provisions and its compliance with relevant legislation.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether the provisions of the agreement were fair and reasonable in all respects. The union argued that certain provisions of the agreement were inadequate and not in the best interests of the employees. The Commission had to consider these arguments and determine whether the agreement met the necessary criteria for approval, including whether it provided for fair and reasonable terms and conditions of employment.

The Commission found that, while the agreement contained some provisions that were not ideal, it did not fundamentally fail to provide for fair and reasonable terms and conditions of employment. The Commission noted that the agreement included provisions for minimum wages, overtime, and other employment conditions that were generally consistent with those found in similar agreements in the industry. The union's concerns regarding specific provisions were addressed through modifications to the agreement, ensuring that the final agreement was fair and reasonable. Accordingly, the Commission approved the agreement, subject to the modifications made to address the union's concerns.

The Fair Work Commission approved the Lift 'N' Fix Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, subject to the modifications made to address the union's concerns. The Commission found that the agreement met the necessary criteria for approval and provided for fair and reasonable terms and conditions of employment for the employees of Lift 'N' Fix Pty Ltd. The union's concerns regarding specific provisions were addressed through modifications to the agreement, ensuring that the final agreement was fair and reasonable.

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