| [2025] FWCA 1849 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1560)
CIP CONSOLIDATED PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 2 JUNE 2025 |
Application for approval of the CIP Consolidated Pty Ltd and theCFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the CIP Consolidated Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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 21 June 2024 and the Agreement was made on 13 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 9 June 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529239 PR787832>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1849
- Case
- [2025] FWCA 1849
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address were whether the agreement met the requirements of the Fair Work Act 2009, specifically sections pertaining to the process for approving enterprise agreements, and whether the agreement was made in good faith and provided for proper bargaining. The court also had to consider whether the agreement contained terms that were unfair or did not comply with the provisions of the Act.
In determining the application, the court examined the process by which the agreement was negotiated and the content of the agreement itself. The court found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and compliant with the relevant statutory provisions. The court was satisfied that the agreement was made without any coercion or undue influence and that it provided for proper bargaining. Consequently, the court approved the application for the agreement's approval.
The court ordered that the CIP Consolidated Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and the approval was to be effective from the date of the court's decision.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.