Construction, Forestry and Maritime Employees Union

[2025] FWCA 1947

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1682)

BUILD IT BRICK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 16 JUNE 2025

Application for approval of the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 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 5 October 2024 and the Agreement was made on 21 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 23 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 Construction, Forestry and Maritime Employees Union, acting on behalf of its members, applied for approval of a new enterprise agreement with Build It Brick Pty Ltd, covering bricklaying subcontractors in Victoria. The application was heard in the Fair Work Commission, which is tasked with overseeing the fairness and effectiveness of workplace agreements in Australia.

The central legal issue before the Commission was whether the proposed Enterprise Agreement met the necessary criteria for approval under the Fair Work Act 2009. This involved examining if the agreement provided for fair and reasonable terms and conditions, and if it was made in good faith and without coercion. The Commission also had to ensure that the agreement included provisions for the protection of employees' rights and that it did not unfairly discriminate against any group of employees.

In evaluating the agreement, the Commission considered the submissions from both the union and the employer, as well as the evidence presented regarding the bargaining process and the terms of the agreement. The Commission found that the agreement was fair and reasonable, as it provided for adequate wages, conditions, and protections for the employees. Furthermore, the Commission was satisfied that the agreement was made in good faith and without coercion, and that it adequately protected the rights of the employees. Consequently, the Commission approved the Enterprise Agreement, finding it to be in compliance with the Fair Work Act.

As a result of the approval, the BUILD IT BRICK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027 is now in effect, governing the terms and conditions of employment for the relevant employees. This decision provides certainty for both the employer and the employees, ensuring that the agreement is fair, reasonable and complies with the legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established