Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1641)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 JUNE 2025

Application for approval of the V-Constructions Trust (The Trustee For) T/AS V-Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the V-Constructions Trust (The Trustee For) T/AS V-Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 10 July 2024 and the Agreement was made on 26 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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 19 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 involved an application for the approval of a proposed enterprise agreement between V-Constructions Trust, trading as V-Constructions Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement, which covered a three-year period, was submitted to the court for approval under the Fair Work Act 2009. The union and the employer sought the court's validation of the terms outlined in the proposed agreement, which addressed various employment conditions including wages, hours, and other workplace standards.

The court was tasked with determining whether the proposed agreement met the requirements set out in the Fair Work Act, particularly whether it contained certain minimum terms and conditions, and whether it had been negotiated in good faith. The legal issues included verifying the procedural fairness of the negotiation process, ensuring that the agreement was not inconsistent with the provisions of the Fair Work Act, and confirming that the agreement provided for fair and reasonable terms and conditions. The court also needed to consider if the agreement adequately protected the rights of employees and employers, and whether it complied with the statutory minimum standards.

The court reviewed the evidence and submissions from both parties and examined the contents of the proposed agreement. It was satisfied that the agreement had been negotiated in good faith and contained all the required minimum terms. The court found that the agreement was fair and reasonable, taking into account the interests of both employers and employees. The agreement was approved, and the court made an order validating the proposed enterprise agreement between V-Constructions Trust and the CFMEU. This decision ensures that the terms of the agreement will be legally enforceable between the parties involved.

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