Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1853

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1594)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 5 JUNE 2025

Application for approval of the CRV Industries 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 CRV Industries Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (CFMEU) (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 (CFMEU), 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 12 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 matter before the Fair Work Commission was an application for approval of an enterprise agreement between CRV Industries Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement, titled the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, was proposed to govern the employment conditions of workers in the cladding and facade industry in Victoria. The legal dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a fair and efficient workplace, whether it was free from coercion and undue influence, and if it complied with the good faith bargaining provisions.

The Commission examined the process by which the agreement was negotiated and whether it was conducted in good faith. The Commission also considered the fairness of the terms and conditions proposed in the agreement, including pay rates, hours of work, and other employment conditions. A significant part of the inquiry involved assessing if the agreement provided for a minimum rate of pay and other entitlements that were consistent with industry standards and the Fair Work Act. Additionally, the Commission looked into the representation of employees and the extent to which the agreement reflected the genuine views of the workforce.

After thorough examination of the negotiation process, the terms of the agreement, and the evidence presented by both parties, the Commission found that the agreement was negotiated in good faith and met the statutory requirements for approval. The Commission was satisfied that the agreement provided for fair and efficient workplace arrangements and that it did not disadvantage employees. The terms of the agreement were deemed to be reasonable and consistent with industry standards. Therefore, the Commission approved the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, effective from the date of the decision.

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