Construction, Forestry and Maritime Employees Union

[2025] FWCA 1770

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1484)

STEVEN VARTHALIS FAMILY TRUST (THE TRUSTEE FOR) T/AS BRICKON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 MAY 2025

Application for approval of the Steven Varthalis Family Trust (The Trustee For) T/AS Brickon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Steven Varthalis Family Trust (The Trustee For) T/AS Brickon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 4 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the court involved an application for the approval of a new enterprise agreement between the Steven Varthalis Family Trust, trading as Brickon Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. The proposed agreement, covering the period from 2024 to 2027, aimed to regulate the terms and conditions of employment for bricklayers in the Victorian construction industry. The court was required to assess whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009.

The primary legal issues the court had to address were whether the agreement complied with the provisions of the Fair Work Act, including ensuring it was free from any provisions that would undermine the protections of employees, and whether it adhered to the formal requirements for enterprise agreements. Specifically, the court needed to determine if the agreement provided adequate protections for employee rights, including minimum wages, conditions, and dispute resolution mechanisms. Furthermore, the court had to consider if the agreement had been negotiated fairly and in good faith between the parties.

In evaluating the application, the court examined the content of the agreement against the statutory requirements of the Fair Work Act. The court considered whether the agreement provided for minimum wages and conditions, ensuring that it did not undermine the basic rights of employees. Additionally, the court assessed whether the agreement contained provisions for fair and effective dispute resolution mechanisms. The court also evaluated the negotiation process, confirming that the agreement had been made in good faith and that the union had adequately represented its members in the negotiation process. Ultimately, the court found that the agreement met all the necessary legal requirements and was therefore approved.

The final orders of the court were to approve the Steven Varthalis Family Trust (The Trustee For) T/AS Brickon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027. This decision was made on the basis that the agreement complied with all statutory requirements under the Fair Work Act and had been negotiated fairly and in good faith. The approval of this enterprise agreement ensures that the terms and conditions of employment for bricklayers in the Victorian construction industry are regulated by a legally binding agreement that protects both employers and employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established