Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1791

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1428)

MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE

Agreement 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MAY 2025

Application for approval of the MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 4 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 application before the court was brought by the Martello Family Trust (as trustee for Martello Concreting Pty Ltd) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to seek approval of the Subcontractors Formwork Enterprise Agreement 2024-2027. The agreement in question sets out the terms and conditions of employment for formwork subcontractors within the construction industry in Victoria. The application was heard in the Fair Work Commission, with Commissioner Middleton presiding over the proceedings.

The legal issues before the court primarily revolved around whether the proposed agreement was appropriate for approval under the Fair Work Act 2009. Specifically, the court had to consider whether the agreement met the requirements for "better off overall" and "no worse off overall" tests, which are designed to ensure that employees are not disadvantaged by the proposed terms. Additionally, the court needed to determine if the agreement complied with the relevant provisions of the Fair Work Act and if it was made in good faith and without coercion.

In delivering the decision, Commissioner Middleton carefully examined the evidence and submissions provided by both parties. The court found that the proposed agreement was appropriate for approval as it satisfied the "better off overall" and "no worse off overall" tests. The agreement provided for a number of improvements to the existing terms and conditions of employment, including increased wages, better working conditions, and enhanced job security. Furthermore, the court was satisfied that the agreement was made in good faith and without coercion, and that it complied with the relevant provisions of the Fair Work Act. Based on these findings, the court approved the Subcontractors Formwork Enterprise Agreement 2024-2027.

As a result of the court's decision, the Martello Family Trust and the CFMEU were granted approval for the proposed enterprise agreement. This means that the terms and conditions set out in the agreement will now apply to formwork subcontractors within the construction industry in Victoria, providing them with improved wages, working conditions, and job security. The decision serves as a significant milestone for both the union and the employers, as it ensures that the agreement is legally binding and enforceable under the Fair Work Act.

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