Construction, Forestry and Maritime Employees Union

[2025] FWCA 1769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1473)

RAFFERTY THE WRECKER PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 29 MAY 2025

Application for approval of the Rafferty The Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Rafferty The Wrecker Pty Limited and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 5 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 matter before the court involved an application for approval of an enterprise agreement between Rafferty The Wrecker Pty Limited and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question was the Subcontractors Demolition Enterprise Agreement 2024 - 2027. The court was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues before the court were whether the enterprise agreement provided for fair and reasonable terms and conditions, and whether it complied with the procedural requirements for approval. The court needed to consider the balance of the agreement, its fairness to both parties, and whether it contained all the necessary terms as required by the Act. Additionally, the court had to assess whether the agreement was genuinely negotiated and if the necessary consultation processes were followed.

The court examined the details of the agreement and considered submissions from both parties. It found that the agreement was fair and reasonable, with terms that adequately protected the interests of both employers and employees. The court also noted that all necessary procedural steps had been followed, and there was evidence of genuine negotiation. Consequently, the court approved the Subcontractors Demolition Enterprise Agreement 2024 - 2027, finding it met the legislative requirements for enterprise agreements.

The final orders of the court included the approval of the Subcontractors Demolition Enterprise Agreement 2024 - 2027, subject to the terms and conditions specified within the agreement itself. The agreement was set to commence on 1 March 2024 and would remain in effect until 28 February 2027, or until terminated in accordance with its provisions. The court's decision confirmed the validity of the agreement and provided clarity for both parties moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established