Construction, Forestry and Maritime Employees Union

[2025] FWCA 1846

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1558)

STANDARD ACCESS COMMERCIAL PTY LTD T/AS STANDARD ACCESS COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 JUNE 2025

Application for approval of the STANDARD ACCESS COMMERCIAL PTY LTD T/As STANDARD ACCESS COMMERCIAL and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the STANDARD ACCESS COMMERCIAL PTY LTD T/As STANDARD ACCESS COMMERCIAL and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The 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) I note that the Agreement covers the organisation.

The Agreement was approved on 2 June 2025 and, in accordance with s.54 of the Act, will operate from 9 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 involved an application for the approval of the Standard Access Commercial Pty Ltd T/As Standard Access Commercial and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, a federal body responsible for resolving workplace disputes and regulating workplace relations in Australia. The union and the employer sought the approval of this agreement, which outlined the terms and conditions of employment for scaffolding workers within the subcontractor industry.

The legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. This included assessing whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it was free from any unfair discrimination. The Commission also needed to determine if the agreement complied with the "better off overall test," which required that employees be no worse off financially under the new agreement compared to their existing terms.

The Commission found that the agreement was fair and reasonable, providing for appropriate terms and conditions of employment for scaffolding workers. The agreement included provisions for wages, hours of work, leave entitlements, and other benefits. The Commission determined that the agreement was free from any unfair discrimination and met the better off overall test. The Commission noted that the agreement provided for a modest increase in wages and improved conditions for workers, which were considered fair and reasonable given the economic context. The Commission was satisfied that the agreement was in the best interests of the employees and the employer, and approved the agreement.

The Fair Work Commission approved the Standard Access Commercial Pty Ltd T/As Standard Access Commercial and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. The agreement will now apply to the employees covered by it, providing them with fair and reasonable terms and conditions of employment. The Commission's decision provides clarity for employers and employees in the subcontractor scaffolding industry, ensuring that they are aware of their rights and obligations under the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established