Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1798

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1561)

N.I. CO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 28 MAY 2025

Application for approval of the N.I. Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the N.I. Co Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 28 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and N.I. Co Pty Ltd sought approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The agreement sought to establish terms and conditions for subcontractors in the carpentry and joinery industry in Victoria, including provisions for wages, hours of work, and other employment conditions. The dispute centred around whether the agreement provided fair and reasonable terms for employees, and whether it complied with relevant labour laws and standards.

The primary legal issues before the commission were whether the agreement met the criteria for being "better off overall or at least no worse off" (BOOT) and whether it complied with the Fair Work Act 2009. The CFMEU argued that the agreement failed to adequately protect employees, particularly in terms of wage rates and working conditions. N.I. Co Pty Ltd, on the other hand, asserted that the agreement provided fair terms and was in compliance with the relevant legislation.

The commission found that the agreement, while not perfect, met the BOOT test. The commission acknowledged that some provisions could be improved but concluded that the overall agreement provided fair and reasonable terms for employees. The commission also determined that the agreement was compliant with the Fair Work Act, including meeting the requirement for employee representation and consultation in the agreement's negotiation. As a result, the commission approved the agreement, subject to certain minor modifications to address specific concerns raised by the CFMEU.

The final orders of the commission included the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, with the specified modifications. The agreement is now in effect and will govern the employment conditions of subcontractors in the carpentry and joinery industry in Victoria for the specified period.

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