Construction, Forestry and Maritime Employees Union

[2025] FWCA 1981

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1712)

STANDARD ACCESS COMMERCIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 19 JUNE 2025

Application for approval of the STANDARD ACCESS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the STANDARD ACCESS COMMERCIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 19 June 2025 and, in accordance with s.54 of the Act, will operate from 26 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 by the Construction, Forestry and Maritime Employees Union, representing the interests of workers, and Standard Access Commercial Pty Ltd, a company, for the approval of a specific enterprise agreement. The matter was heard in the Fair Work Commission, the federal workplace relations tribunal in Australia. The agreement in question, the Standard Access Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027, is being sought to establish the terms and conditions of employment for mast climbing access equipment operators employed by Standard Access Commercial Pty Ltd.

The legal issues before the court centred around whether the proposed agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine if the agreement met the criteria for a valid enterprise agreement, including whether it was made in good faith, covered the correct employees, and did not include terms that were contrary to public policy or unfair. The court also had to consider if the process leading to the agreement's formation was fair and appropriate.

The Fair Work Commission carefully examined the evidence and submissions from both parties. The Commission found that the agreement was made in good faith and covered the correct bargaining unit. It was also determined that the agreement did not include any terms that were contrary to public policy or unfair. Furthermore, the process leading to the agreement was deemed to be fair and appropriate. Based on these findings, the Commission approved the agreement. The approval ensures that the terms and conditions of employment for the mast climbing access equipment operators are legally binding and enforceable.

The Fair Work Commission approved the Standard Access Commercial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024-2027. This decision formalises the terms and conditions of employment for the relevant employees, ensuring they are legally recognised and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established