Construction, Forestry and Maritime Employees Union

[2025] FWCA 1946

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1685)

SPECTIVE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 12 JUNE 2025

Application for approval of the SPECTIVE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SPECTIVE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 19 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) applied to the Fair Work Commission (FWC) for the approval of the SPECTIVE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027. The dispute arose from disagreements over certain clauses of the agreement that the CFMEU and the employer had negotiated, with the CFMEU seeking formal approval of these terms. The matter was heard by the FWC, which needed to determine whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issue before the FWC was whether the agreement contained terms that were fair and reasonable, and whether the agreement had been negotiated in good faith. The FWC had to consider various provisions of the Fair Work Act, including the requirements for genuine agreement and the need for the agreement to cover minimum entitlements. Additionally, the FWC needed to assess whether the agreement complied with the statutory requirement for a "no disadvantage test," ensuring that the terms were not less favourable than the applicable awards or registered agreements.

In its decision, the FWC concluded that the agreement contained terms that were fair and reasonable, and had been negotiated in good faith. The FWC found that the agreement met all the statutory requirements for approval, including the no disadvantage test. The FWC also noted that the agreement provided for fair and reasonable terms and conditions, and that it did not result in any party being less favourably treated than they would be under the applicable awards or other registered agreements. Consequently, the FWC approved the agreement, and it will now be in force from the specified commencement date.

The FWC's decision was final, and the approved agreement will now govern the terms and conditions of employment for the employees covered by the agreement between SPECTIVE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division).

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established