Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1669

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1366)

GREEN VIC PTY LTD AND MAXCON CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 MAY 2025

Application for approval of the GREEN VIC PTY LTD AND MAXCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

[1] An application has been made for approval of an enterprise agreement known as the GREEN VIC PTY LTD AND MAXCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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.

[2] 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 18 March 2025 and the Agreement was made on 29 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

[3] 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.

[4] 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.

[5] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 26 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

The matter before the court involved an application for the approval of an enterprise agreement between Green Vic Pty Ltd and Maxcon Constructions Pty Ltd, represented by the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement met the legal requirements set out in the Fair Work Act 2009. The application was heard in the Fair Work Commission, which has jurisdiction to approve such agreements under Australian labour law.

The legal issues the court needed to decide included whether the agreement was made in good faith, if it contained all the mandated minimum terms and conditions, and whether it provided for a proper process to resolve disputes. Additionally, the court examined if the agreement was consistent with the national employment standards and if it allowed for the proper exercise of employees' rights. The union and the employers needed to demonstrate that the agreement was fairly negotiated and that it provided adequate protections for the workers.

In reaching its decision, the court considered the evidence presented by both parties. The agreement was found to be made in good faith and contained all the required minimum terms. The court was satisfied that the agreement provided for a fair process to resolve disputes and did not undermine the national employment standards. Furthermore, the agreement was deemed to allow for the proper exercise of employees' rights. Based on these findings, the court approved the enterprise agreement.

The final orders of the court were to approve the Green Vic Pty Ltd and Maxcon Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027. The agreement was to be registered under the Fair Work Act 2009, and it was to take effect from the date of the approval. This decision was significant as it confirmed the validity of the enterprise agreement and ensured that it would be enforceable between the parties.

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