Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1731

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1415)

CSF FACADE UNIT TRUST (THE TRUSTEE FOR) T/AS CSF FACADE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building services
COMMISSIONER LEE	MELBOURNE, 23 MAY 2025

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

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 30 May 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 a proposed enterprise agreement between the CSF FACADE UNIT TRUST, trading as CSF Facade Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, sought to establish the terms and conditions of employment for employees engaged in carpentry and joinery work within the subcontractor industry. The union and the employer had reached an agreement on the terms, which was now subject to approval by the Fair Work Commission.

The central legal issue before the Commission was whether the proposed agreement met the statutory requirements for an enterprise agreement under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for a safety net of minimum wages and conditions, was free from prohibited content, and had been made in good faith. Additionally, the Commission had to consider whether the agreement was likely to achieve a more productive workplace and if it included appropriate mechanisms for dispute resolution.

In reaching its decision, the Fair Work Commission carefully examined the terms of the proposed agreement. The Commission found that the agreement provided for a comprehensive safety net, ensuring that all employees were covered by minimum wage rates and conditions. The Commission also confirmed that the agreement did not contain any prohibited content and had been made in good faith by both parties. Furthermore, the Commission was satisfied that the agreement included provisions for dispute resolution that were clear and accessible. Given these findings, the Commission approved the agreement, recognising that it would contribute to a more productive workplace and better industrial relations outcomes for the parties involved.

The Fair Work Commission's final order was to approve the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 between CSF Facade Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was to be registered and enforceable from the date of the Commission's decision, providing a framework for the terms and conditions of employment for the relevant employees for the duration of the agreement.

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