Construction, Forestry and Maritime Employees Union

[2025] FWCA 2038

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1850)

AZ IRON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 20 JUNE 2025

Application for approval of the AZ IRON PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the AZ IRON PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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.

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 27 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 matter before the Fair Work Commission involved an application for the approval of the Architectural Features & Fittings Enterprise Agreement between AZ IRON PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024 to 2027. The agreement sought to set out the terms and conditions of employment for workers in the architectural features and fittings industry in Victoria. The Commission was tasked with assessing whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act and whether it contained the necessary provisions to ensure it was a bona fide enterprise agreement. This included verifying that the agreement had been made in good faith, that the appropriate bargaining representatives had been involved in the negotiation process, and that the agreement covered all the necessary matters specified in the Act. Additionally, the Commission considered whether the agreement contained all the mandatory terms and conditions prescribed by the Act and whether it was in the best interests of the employees it covered.

In delivering its decision, the Commission found that the application for approval of the agreement satisfied all the necessary legal requirements. The agreement had been made in good faith, and the bargaining representatives had been appropriately involved in the negotiation process. The agreement also covered all the required matters and contained the mandatory terms and conditions as prescribed by the Act. The Commission was satisfied that the agreement was in the best interests of the employees it covered, as it provided for fair and reasonable terms and conditions of employment, including provisions for wages, hours of work, and other employment-related matters. Accordingly, the Commission approved the agreement.

The Fair Work Commission hereby approves the Architectural Features & Fittings Enterprise Agreement 2024-2027 between AZ IRON PTY LTD and the CFMEU (Victorian Construction and General Division), effective from the date of this decision. The agreement shall be binding on all parties and shall be registered with the Fair Work Commission in accordance with the provisions of the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established