Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1758

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1478)

TARCISIO CREMASCO UNIT TRUST (THE TRUSTEE FOR) T/AS MINESCO 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 BELL	MELBOURNE, 27 MAY 2025

Application for approval of the TARCISIO CREMASCO UNIT TRUST (THE TRUSTEE FOR) T/AS MINESCO 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 TARCISIO CREMASCO UNIT TRUST (THE TRUSTEE FOR) T/AS MINESCO 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 27 May 2025 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 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Tarcisio Cremasco Unit Trust, trading as Minesco Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for approval of their enterprise agreement. The agreement, titled the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, was the subject of the dispute, which was heard by the Fair Work Commission. The primary issue before the Commission was whether the proposed enterprise agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement contained all the prescribed minimum terms, complied with the good faith bargaining provisions, and was made in accordance with the relevant provisions of the Act.

The Commission examined the provisions of the proposed agreement and considered the submissions from both parties. It was noted that the agreement contained all the prescribed minimum terms and was made in good faith. The Commission also considered the nature of the bargaining process and whether it was conducted appropriately. After reviewing the evidence, the Commission concluded that the agreement was made in compliance with the relevant provisions of the Act and met the necessary criteria for approval.

The Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The Commission found that the agreement contained all the prescribed minimum terms, was made in good faith, and was in accordance with the relevant provisions of the Fair Work Act 2009. The final orders of the Commission included the approval of the agreement, which would now be binding on the parties involved.

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