Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1931

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1639)

COMCRAFT TRUST (THE TRUSTEE FOR) T/AS COMCRAFT CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 13 JUNE 2025

Application for approval of the Comcraft Trust (The Trustee For) T/AS Comcraft Constructions PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Comcraft Trust (The Trustee For) T/AS Comcraft Constructions PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 20 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 (CFMEU) sought approval for a subcontractor's agreement between the Comcraft Trust (the trustee for Comcraft Constructions) and the CFMEU (Victorian Construction and General Division). The agreement aimed to establish terms and conditions for carpentry and joinery subcontractors for the period 2024-2027. The dispute centred on the validity and enforceability of certain provisions within the proposed agreement, with the Comcraft Trust challenging specific clauses on the grounds of procedural fairness and potential overreach of union authority.

The court had to determine whether the CFMEU followed proper procedures in negotiating the agreement and if the proposed terms were within the union's authority. This involved assessing the fairness of the negotiation process and whether the final agreement was reasonable and equitable. The court needed to ensure that the union's actions did not exceed its mandate and that the agreement was consistent with relevant industrial relations laws.

The court found that the CFMEU had followed the correct procedures in negotiating the agreement. It was determined that the union had acted within its authority and that the terms of the agreement were fair and reasonable. The court emphasised the importance of procedural fairness in union negotiations and highlighted the need for agreements to be within the scope of the union's powers. The agreement was ultimately approved, with the court satisfied that it met the necessary legal standards.

No further orders were required as the court's approval of the agreement finalised the matter.

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