Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1737

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1496)

RVA STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK 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 Formwork 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 Formwork 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 Construction, Forestry and Maritime Employees Union (CFMEU) and RVA Structures Pty Ltd were before the Fair Work Commission to seek approval for their Subcontractors Formwork Enterprise Agreement 2024 - 2027. The agreement was to be registered under the Fair Work Act 2009, and the parties sought to ensure that the terms and conditions would be enforceable for the specified period. The application required scrutiny to determine whether the agreement met the statutory requirements for approval, including fairness and compliance with the Act.

The primary legal issues before the Commission involved verifying whether the agreement provided for a safety net of minimum wages and conditions, and whether it contained provisions that were not contrary to public policy. The Commission also needed to ensure that the agreement was made in good faith, without any coercion or improper influence. The dispute centred on specific clauses within the agreement, including those relating to wages, hours of work, leave entitlements, and dispute resolution mechanisms.

In reaching its decision, the Commission carefully examined the provisions of the agreement and considered submissions from both parties. It was found that the agreement provided for a fair and reasonable set of terms and conditions that complied with the statutory requirements. The Commission determined that the agreement contained provisions for a safety net of minimum wages and conditions and did not contravene any public policy considerations. The Commission also concluded that the agreement had been made in good faith, without any coercion or improper influence. Consequently, the Commission approved the agreement for registration.

The Fair Work Commission approved the Subcontractors Formwork Enterprise Agreement 2024 - 2027 between RVA Structures Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was registered and became effective, ensuring that the terms and conditions outlined within would govern the employment relationship between the parties 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