Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1891

FAIR WORK COMMISSION

DECISION

Unknown

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1614)

WEST VIC CARPENTRY GROUP PTY LTD T/AS KC CARPENTRY & CLADDING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 JUNE 2025

Application for approval of the West VIC Carpentry Group Pty Ltd T/AS KC Carpentry & Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the West VIC Carpentry Group Pty Ltd T/AS KC Carpentry & Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade 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.

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 25 March 2025 and the Agreement was made on 15 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 13 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 (CFMEU) applied for approval of the West Victoria Carpentry Group Pty Ltd T/A KC Carpentry & Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission (FWC) and required the FWC to decide whether the proposed agreement met the requirements of the Fair Work Act 2009. The primary legal issue before the FWC was whether the proposed agreement provided for the "better off overall test" (BOOT), which required the FWC to determine that the proposed agreement would provide employees with a better overall package of pay and conditions than the safety net provided by the relevant industrial instrument.

The FWC examined the proposed agreement and the relevant industrial instruments to assess whether the proposed agreement met the BOOT. The FWC found that the proposed agreement provided for a better overall package of pay and conditions for employees, including higher wages and better working conditions, than the safety net provided by the relevant industrial instrument. The FWC also found that the proposed agreement provided for appropriate protections for employees, including protections for employees who were not members of the union. The FWC approved the proposed agreement and made an order approving the West Victoria Carpentry Group Pty Ltd T/A KC Carpentry & Cladding and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027.

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