Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1777

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1495)

IJL CONSTRUCTIONS 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 MASSON	MELBOURNE, 27 MAY 2025

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

An application has been made for approval of an enterprise agreement known as the IJL Constructions Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 February 2025 and the Agreement was made on 9 May 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 3 June 2025. The nominal expiry date of the Agreement is 2 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to secure approval for the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, which was to govern the employment conditions between IJL Constructions Pty. Ltd. and the CFMEU (Victorian Construction and General Division). The Fair Work Commission was the tribunal that heard and decided the case.

The court was tasked with determining whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall test" (BOOT) agreement. The primary legal issues revolved around whether the terms of the agreement provided fair and reasonable benefits to the employees and whether they were consistent with the principles of the Fair Work Act. The court also examined whether the agreement adhered to the requirements for procedural fairness and if there was sufficient evidence of genuine agreement between the parties.

In reaching its decision, the Commission reviewed the submissions from both parties and considered the evidence presented. It found that the proposed agreement did indeed meet the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided fair and reasonable benefits to the employees, was consistent with the principles of the Act, and passed the BOOT test. The Commission also concluded that the agreement was reached through a process that ensured procedural fairness and that there was genuine agreement between the parties. Based on these findings, the Commission approved the agreement.

Consequently, the Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, which will govern the employment conditions between IJL Constructions Pty. Ltd. and the CFMEU (Victorian Construction and General Division) 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