Construction, Forestry and Maritime Employees Union

[2025] FWCA 1896

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1656)

NU-CON DESIGN & CONSTRUCTION VIC PTY LTD T/AS CONFAB PRECAST PANELS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 JUNE 2025

Application for approval of the NU-CON DESIGN & CONSTRUCTION VIC PTY LTD T/AS CONFAB PRECAST PANELS and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the NU-CON DESIGN & CONSTRUCTION VIC PTY LTD T/AS CONFAB PRECAST PANELS and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 13 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 case before the court was an application for the approval of the Enterprise Agreement between the NU-CON DESIGN & CONSTRUCTION VIC PTY LTD trading as CONFAB PRECAST PANELS and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was for the period 2024 to 2027. The primary issue before the court was whether the agreement met the requirements of the Fair Work Act 2009, including the criteria for good faith bargaining and the public interest test.

The court considered the evidence presented by both parties and assessed the agreement against the legislative criteria. It was necessary to determine if the agreement was made in good faith and if it met the public interest test, which includes considerations such as whether it would result in a fair and efficient workplace and whether it adequately addresses the needs of the employees. The court examined the bargaining process, the terms of the agreement, and the impact of the agreement on the employees and the broader industry.

After a thorough examination, the court found that the agreement was made in good faith and satisfied the public interest test. The agreement provided fair terms and conditions for the employees, including provisions for wages, hours of work, and other employment conditions. The court noted that the agreement balanced the needs of the employees with the operational requirements of the employer and did not have any detrimental effects on the broader industry. Consequently, the court approved the Enterprise Agreement.

The final orders of the court were to approve the Enterprise Agreement between NU-CON DESIGN & CONSTRUCTION VIC PTY LTD trading as CONFAB PRECAST PANELS and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024 to 2027. The agreement was to be registered with the Fair Work Commission and would be in effect from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established