Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1948

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1717)

CENTRAL SCAFFOLDS LTDST (THE TRUSTEE FOR) T/AS CENTRAL SCAFFOLDS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 20 JUNE 2025

Application for approval of the Central Scaffolds LTDST (The Trustee For) T/AS Central Scaffolds and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Central Scaffolds LTDST (The Trustee For) T/AS Central Scaffolds and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding 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.

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 27 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

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CaseChat Overview and Summary

The case involves an application by the Central Scaffolds LTDST (The Trustee For) T/AS Central Scaffolds for the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. The matter was heard by the Fair Work Commission, which is responsible for resolving disputes and approving enterprise agreements under Australian labour law. The dispute centred on whether the proposed agreement met the statutory requirements and provided fair terms for employees and employers.

The key legal issues the Commission had to address included whether the agreement was genuinely negotiated between the parties, whether it contained the necessary minimum terms and conditions, and whether it complied with the provisions of the Fair Work Act 2009. Additionally, the Commission had to ensure that the agreement was fair and appropriate, taking into account the interests of both the employees and the employer. The Commission considered submissions from both parties, as well as evidence regarding the negotiation process and the terms of the agreement.

The Fair Work Commission found that the agreement was genuinely negotiated and contained all the necessary minimum terms and conditions as stipulated by the Fair Work Act 2009. The Commission noted that the negotiation process was transparent and involved active participation from both the employer and the union. The terms of the agreement were deemed fair, providing appropriate protections and benefits for the employees while also accommodating the operational needs of the employer. The Commission concluded that the agreement was compliant with the statutory requirements and approved it as a valid enterprise agreement.

The Fair Work Commission's decision resulted in the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. This outcome ensures that the terms of employment for the employees covered by the agreement are legally binding and provide a stable framework for industrial relations in the scaffolding industry.

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