Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1652

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1398)

AUSTRALIA CENVIC CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 16 MAY 2025

Application for approval of the Australia Cenvic Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Australia Cenvic Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 16 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and Australia Cenvic Construction Pty Ltd. The dispute revolves around the application for approval of the Builder Enterprise Agreement 2024-2027, which was entered into by the two parties. The matter was brought before the Australian Industrial Relations Commission. The primary legal issue the court had to address was whether the enterprise agreement met the criteria for approval as set out by the Fair Work Act 2009.

The court examined several aspects of the agreement to determine its compliance with the Act. These aspects included whether the agreement provided for minimum rates of pay and conditions, and whether it contained provisions that were contrary to public policy or were otherwise unfair. The court also considered the process through which the agreement was negotiated and whether it complied with the requirements of the Act.

After careful consideration, the court found that the enterprise agreement did meet the criteria for approval. The agreement provided for adequate minimum rates of pay and conditions, and did not contain any provisions that were contrary to public policy or unfair. The court was satisfied that the negotiation process was conducted in a manner consistent with the requirements of the Act. As a result, the court approved the application for the agreement.

The final orders of the court were to approve the application for the Builder Enterprise Agreement 2024-2027 between the CFMEU and Australia Cenvic Construction Pty Ltd. The agreement is now legally binding on the parties and will govern the employment conditions of the workers for the specified period.

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