Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1599)

LA TRUST (THE TRUSTEE FOR) T/AS CONSTRUCTION CLEANING VIC AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JUNE 2025

Application for approval of the LA TRUST (THE TRUSTEE FOR) T/AS CONSTRUCTION CLEANING VIC and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the LA TRUST (THE TRUSTEE FOR) T/AS CONSTRUCTION CLEANING VIC and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning 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 28 February 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 10 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 matter before the court involved an application by the LA TRUST (the trustee for) t/as Construction Cleaning VIC and the CFMEU (Victorian Construction and General Division) to approve the Subcontractors Cleaning Enterprise Agreement 2024-2027. The parties were seeking to ensure the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which was tasked with determining whether the agreement was fair and reasonable in all its terms.

The primary legal issues before the court were whether the agreement met the requirements for being a "safety net" agreement, ensuring it provided for the minimum terms and conditions for employees, and whether it complied with procedural fairness. The court also had to consider whether the agreement provided adequate mechanisms for resolving disputes and whether it contained provisions that were fair and reasonable for both employers and employees. Additionally, the court had to ensure that the agreement did not unfairly disadvantage any party and that it was consistent with the principles of the Fair Work Act.

The Fair Work Commission found that the agreement was fair and reasonable in all its terms. The court noted that the agreement provided a comprehensive set of minimum terms and conditions that protected the interests of employees while also accommodating the needs of employers. The commission was satisfied that the agreement included adequate dispute resolution mechanisms and that it complied with the procedural fairness requirements. The court also found that the agreement did not unfairly disadvantage any party and was consistent with the principles of the Fair Work Act. Based on these findings, the commission approved the agreement.

The final orders of the commission were that the Subcontractors Cleaning Enterprise Agreement 2024-2027 be approved and registered as a safety net agreement, effective from the date of the decision. The agreement was to be treated as having been made under section 232 of the Fair Work Act, and the commission declared that it was a "modern award." This decision ensured that the agreement would provide a fair and reasonable framework for employment in the subcontractor cleaning industry in Victoria.

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