Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1768

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1471)

COMPLETE CARPENTRY & FAÇADES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the COMPLETE CARPENTRY & FAÇADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the COMPLETE CARPENTRY & FAÇADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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

In this matter, the Construction, Forestry and Maritime Employees Union, acting on behalf of its members, sought approval for a proposed enterprise agreement with Complete Carpentry & Facades Pty Ltd. The dispute was heard in the Fair Work Commission, where the union and the employer presented their arguments for the terms of the agreement. The primary concern was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and adhered to relevant industrial standards.

The legal issues centred on the fairness and compliance of the proposed agreement. The union argued that the terms were reasonable and necessary to protect its members' interests, while the employer contended that some provisions were overly restrictive and not in line with industry practices. The Commission had to consider whether the agreement was made in good faith, provided for fair and reasonable terms, and met the requirements for a protected action ballot. Additionally, the Commission needed to ensure that the agreement did not contravene any federal laws and was in the best interests of the employees and employer.

The Fair Work Commission found that the proposed agreement was fair and reasonable, taking into account the specific nature of the cladding and facade industry. The Commission acknowledged the union's arguments regarding the need for certain protections but also recognised the employer's concerns about flexibility and competitiveness. After weighing these factors, the Commission concluded that the agreement met the necessary criteria for approval and was in the best interests of both parties. The Commission approved the agreement, subject to minor modifications to address some of the employer's concerns.

The final orders of the Fair Work Commission included the approval of the COMPLETE CARPENTRY & FAÇADES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, with the aforementioned modifications. The agreement was to be implemented, providing a clear framework for the terms of employment between the union and the employer for the specified period. This decision ensured that both parties' interests were considered, maintaining a balance between fair working conditions and operational efficiency.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established