Construction, Forestry and Maritime Employees Union

[2025] FWCA 1808

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1533)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 MAY 2025

Application for approval of the VM CONSTRUCTION SERVICES 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 VM CONSTRUCTION SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 29 May 2025 and, in accordance with s.54 of the Act, will operate from 5 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 case involves an application for approval of the VM Construction Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027. The dispute was brought before the Fair Work Commission (FWC). The primary issue before the FWC was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This included examining whether the agreement was made in good faith and if it provided for a fair and efficient workplace.

The FWC considered various aspects of the proposed agreement, including the process of its formation, the nature of the bargaining, and the terms and conditions it contained. The court examined the evidence provided by both parties and assessed whether the agreement adhered to the legislative requirements. The FWC also assessed the fairness of the agreement, taking into account the economic and social context in which it was negotiated and the interests of the employees and employers involved.

After reviewing the evidence and arguments presented, the FWC determined that the agreement met the necessary criteria for approval. The court found that the agreement was made in good faith and provided for fair and efficient workplace terms and conditions. The FWC highlighted the comprehensive bargaining process undertaken by both parties and the consideration given to the interests of the employees and employers. Consequently, the FWC approved the proposed agreement, ensuring that it would be legally binding for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established