Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1664

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1411)

KWILL CONSTRUCTIONS 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, 19 MAY 2025

Application for approval of the Kwill Constructions 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 Kwill Constructions 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 the 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 27 February 2025 and the Agreement was made on 2 May 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 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union for the approval of an enterprise agreement between Kwill Constructions Pty Ltd and the union. The agreement was for the period from 2024 to 2027 and was specific to the formwork industry within the construction sector. The union sought to have the agreement recognised as a registered enterprise agreement under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement had been made freely and fairly, whether it complied with the procedural requirements, and if it contained the necessary minimum terms and conditions as required by the Fair Work Act.

The Commission considered the evidence and submissions from both parties, focusing on the negotiation process and the contents of the agreement. It examined whether the union had adequately represented the employees, whether there had been genuine negotiations, and whether the agreement had been properly presented to the employees for a vote. The Commission also assessed if the agreement met the minimum standards for pay and conditions, including minimum wages, penalty rates, and other employment terms. After careful consideration, the Commission found that the agreement had been made in accordance with the requirements of the Act, and it was in the best interests of the employees.

In approving the enterprise agreement, the Commission noted that the union had demonstrated a fair and genuine negotiation process, and the agreement contained all necessary minimum terms and conditions. The Commission was satisfied that the agreement would provide fair and reasonable terms for the employees, and it would be beneficial for both the employers and the employees in the formwork industry. The final orders of the Commission included the approval of the Kwill Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027, and it would be registered under the Fair Work Act.

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