| [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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1801
- Case
- [2025] FWCA 1801
- Decision Date
CaseChat Overview and Summary
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.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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