Construction, Forestry and Maritime Employees Union

[2025] FWCA 2028

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1817)

A.OK BROTHERS CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 23 JUNE 2025

Application for approval of the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (Victorian Construction General Division) and A.OK Brothers Constructions Pty Ltd applied to the Fair Work Commission for approval of the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The agreement was entered into between the parties and covered employees who were subcontractors engaged by A.OK Brothers Constructions Pty Ltd to perform cladding and facade work on construction sites in Victoria. The application was made under section 235 of the Fair Work Act 2009, which mandates that the Commission must approve an enterprise agreement if it meets certain criteria, including that the agreement provides for employees to be paid the applicable award rates and conditions, and does not have an adverse effect on the safety and health of employees.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act. The Commission had to consider whether the agreement provided for the payment of the applicable award rates and conditions, and whether it had an adverse effect on the safety and health of employees. The Commission also had to consider whether the agreement was made in good faith and whether it was appropriately certified. The Commission heard evidence from both parties and considered the provisions of the agreement, including the rates of pay, hours of work, leave entitlements, and safety and health provisions.

After considering the evidence and arguments presented by both parties, the Commission determined that the agreement met the requirements of the Fair Work Act. The Commission found that the agreement provided for the payment of the applicable award rates and conditions, and did not have an adverse effect on the safety and health of employees. The Commission also found that the agreement was made in good faith and was appropriately certified. The Commission approved the agreement under section 235 of the Fair Work Act.

The Fair Work Commission approved the A.OK Brothers Constructions Pty Ltd and the CFMEU (Victorian Construction General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The agreement will now apply to the employees covered by the agreement, and will provide for their rates of pay, hours of work, leave entitlements, and safety and health provisions for the period 2024-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established