Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1739

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1497)

RVA STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MAY 2025

Application for approval of the RVA Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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 RVA Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel 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.

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 26 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the RVA Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027. The application was brought by the CFMEU, seeking the court's approval of the enterprise agreement, which aimed to regulate the employment conditions for subcontractors in the precast panel industry. The legal issues before the court revolved around whether the enterprise agreement complied with the provisions of the Fair Work Act 2009 and whether it was made in good faith and in the spirit of cooperative behaviour.

The court examined the contents of the enterprise agreement to ensure it met the requirements of the Fair Work Act. This included verifying that the agreement was free from any invalid provisions and that it did not contravene any provisions of the Act, such as those relating to minimum wages and conditions. Additionally, the court considered whether the agreement was made in good faith and whether the parties demonstrated a genuine intention to reach an agreement. The court also assessed whether the agreement provided for proper consultation and negotiation processes, as required by the Fair Work Act.

After a thorough review of the enterprise agreement and the submissions made by the parties, the court determined that the agreement was valid and complied with the statutory requirements. The court found that the agreement was made in good faith and that the parties had engaged in genuine negotiation and consultation processes. The court was satisfied that the agreement did not contain any invalid provisions and that it provided for fair and reasonable terms and conditions for the employees covered by the agreement. Consequently, the court approved the enterprise agreement as requested by the CFMEU.

The final order of the court was the approval of the RVA Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027. The court's approval ensures that the agreement is legally binding and enforceable between the parties, providing a framework for the regulation of employment conditions in the precast panel industry.

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