Construction, Forestry and Maritime Employees Union

[2025] FWCA 2044

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1662)

TIGERFORM 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, 23 JUNE 2025

Application for approval of the Tigerform 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 Tigerform 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 9 July 2024 and the Agreement was made on 23 May 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 30 June 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

The case involves an application for the approval of the Tigerform Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The dispute was heard by the Fair Work Commission. The union and the employer sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement complied with the statutory requirements for registration and if the necessary procedural fairness was observed.

The Commission examined the agreement to determine if it met the criteria for registration as stipulated in the Fair Work Act. This included assessing whether the agreement contained the minimum terms and conditions as required by the Act, if it was made in good faith and if the proper procedures for making the agreement were followed. The Commission also needed to consider if the agreement had been properly negotiated and if the employer and union had acted in accordance with the relevant industrial relations provisions.

In delivering its decision, the Commission found that the agreement was compliant with all the statutory requirements for registration. The agreement included all the mandated minimum terms and conditions and had been negotiated in good faith. The Commission also confirmed that the necessary procedures for making the agreement were adhered to, and both parties had acted appropriately under the Act. As a result, the Commission approved the agreement, allowing it to be registered and enforced as a binding enterprise agreement.

The final orders of the Commission were that the Tigerform Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027 be approved and registered as a registered enterprise agreement under section 182 of the Fair Work Act 2009. The agreement was to take effect from the date of registration and would remain in force until it was terminated or replaced in accordance with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established