Construction, Forestry and Maritime Employees Union

[2025] FWCA 1674

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1422)

ARDON & CO (VIC) UNIT TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 26 MAY 2025

Application for approval of the ARDON & CO (VIC) UNIT TRUST (THE TRUSTEE FOR) 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 ARDON & CO (VIC) UNIT TRUST (THE TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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.

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) of the Act, I note that the Agreement covers the organisation.

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 Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of an enterprise agreement. The Ardon & Co (Vic) Unit Trust (the Trustee for) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) sought approval for the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The dispute centred on whether the proposed agreement met the legal requirements under the Fair Work Act 2009, including compliance with the process provisions and substantive provisions of the Act. The Commission was required to determine if the agreement was appropriately formed and if it contained provisions that were in the best interests of the employees and employers covered by the agreement.

The legal issues before the Commission included whether the agreement was made in accordance with the procedural requirements of the Fair Work Act, specifically whether there was genuine bargaining and if the agreement was made free from any improper influence. Additionally, the Commission had to assess if the substantive provisions of the agreement met the ‘better off overall test’ and whether they complied with the national minimum terms and conditions. The Commission also considered if the agreement contained any terms that were inconsistent with the objectives of the Act, such as terms that might undermine workplace health and safety or discriminate against certain groups of employees.

In reaching its decision, the Commission examined the evidence and submissions provided by both parties. It found that the agreement was the product of genuine and independent bargaining, with no evidence of coercion or improper influence. The Commission was satisfied that the process followed adhered to the legal requirements, including the presence of independent witnesses and the provision of necessary information to the parties. The substantive provisions of the agreement were also scrutinised to ensure they met the better off overall test and did not undermine the national minimum standards. The Commission concluded that the proposed agreement was fair and reasonable, and approved it, finding that it was in the best interests of the employees and employers involved.

The final orders of the Commission included the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from 1 April 2024. The agreement was to be registered with the Fair Work Commission and would apply to the employees and employers covered by the agreement. The Commission noted that any disputes arising under the agreement would be dealt with in accordance with the dispute resolution procedures set out in the agreement itself.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established