Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1728

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1448)

DOMAIN CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 MAY 2025

Application for approval of the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 March 2025 and the Agreement was made on 30 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent application before the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval for the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The Union argued that the agreement met the requirements of the Fair Work Act 2009 and should be registered and approved by the Commission. The application arose from the negotiation and drafting of a new enterprise agreement between the employer and the union, aimed at setting out the terms and conditions of employment for employees in the formwork sector within the specified period.

The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the statutory provisions of the Fair Work Act, including but not limited to, the formal requirements for certification and the substantive fairness of the terms and conditions contained within the agreement. The Commission had to ensure that the agreement was not contrary to public policy, that it was made in good faith, and that it provided for a fair and efficient workplace. Furthermore, the Commission needed to assess whether the agreement had been made following the proper process, with adequate consultation and agreement between the parties.

In delivering the decision, the Commission examined the procedural aspects of the agreement formation, confirming that there was sufficient evidence of genuine bargaining and consultation between the employer and the union. The terms of the agreement were reviewed for compliance with the Fair Work Act, including the mandated minimum standards of employment. The Commission determined that the agreement was not contrary to public policy, was made in good faith, and provided for a fair and efficient workplace. The formal requirements for certification were met, and the substantive fairness of the terms was deemed acceptable. Consequently, the Commission approved the application and registered the DOMAIN CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027.

The final orders of the Commission were that the enterprise agreement be approved and registered under the Fair Work Act 2009. This decision will provide certainty and stability in the formwork sector for the duration of the agreement, ensuring that the terms and conditions of employment are fairly negotiated and agreed upon by 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