Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1540)

MBBC TRUST NO 2 T/AS MULGRAVE BRICKLAYING & BUILDING CONTRACTORS P/L AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the MBBC Trust No 2 T/As Mulgrave Bricklaying & Building Contractors P/L and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 MBBC Trust No 2 T/As Mulgrave Bricklaying & Building Contractors P/L and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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

The case involved the Construction, Forestry and Maritime Employees Union, along with the MBBC Trust No 2 trading as Mulgrave Bricklaying & Building Contractors P/L. The dispute centred around the approval of the Subcontractors Bricklaying Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, which has jurisdiction over such industrial disputes in Australia.

The primary legal issues before the Commission were whether the agreement met the requirements of the Fair Work Act 2009 and if it was made in good faith and without coercion. This included assessing if the agreement was fair and reasonable, and whether it contained all the necessary minimum terms and conditions.

The Fair Work Commission found that the agreement was made in good faith and without any coercion. The Commission considered the terms of the agreement, including wages, hours of work, and other conditions of employment, and concluded that they were fair and reasonable. The agreement contained all the necessary minimum terms and conditions, and the Commission was satisfied that it met the requirements of the Fair Work Act. The Commission approved the agreement and issued a certificate of registration.

The Fair Work Commission approved the Subcontractors Bricklaying Enterprise Agreement 2024-2027, finding it to be fair and reasonable and meeting all the necessary requirements of the Fair Work Act. The agreement was registered, and the Commission issued a certificate of registration.

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