Construction, Forestry and Maritime Employees Union

[2025] FWCA 1801

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1546)

DECA CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 30 MAY 2025

Application for approval of the Deca Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Deca Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (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 6 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 case before the Fair Work Commission concerned an application for the approval of an enterprise agreement between Deca Constructions Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) concerning subcontractors in the bricklaying industry. The application was brought by the union, and the employer contested certain provisions within the proposed agreement. The dispute centred on whether the agreement met the requirements under the Fair Work Act 2009 and whether it complied with the Fair Work (Registered Organisations) Act 2009.

The court was required to determine if the proposed enterprise agreement adequately met the criteria for approval, including whether it provided for the pay and conditions of employees, was made in good faith, and did not adversely affect employees who were not party to the agreement. The court also had to consider if the agreement was procedurally sound, ensuring that appropriate consultation had occurred and whether the agreement was in the best interests of the employees and the employer.

The Fair Work Commission, in its decision, found that the proposed agreement did indeed meet the criteria for approval. The court examined the terms of the agreement and the evidence presented by both parties. It concluded that the agreement was made in good faith, provided for the pay and conditions of employees, and did not unjustifiably discriminate against or affect non-participating employees. Additionally, the court found that the consultation process was appropriate and that the agreement was in the best interests of the employees and the employer. Therefore, the application for approval was granted.

The final orders of the Fair Work Commission approved the Deca Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the terms and conditions set out within the agreement would apply to the employees and the employer as per the provisions outlined.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established