Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1390)

MAB TRUST (THE TRUSTEE FOR) T/AS NEW IMAGE INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the MAB Trust (the trustee for) T/AS New Image Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 MAB Trust (the trustee for) T/AS New Image Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 Fair Work Commission was asked to approve an enterprise agreement between the Maritime and Building Trades Union (the trustee for) T/AS New Image Installations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027. The Commission was required to determine whether the agreement was in the best interests of the employees and employers covered by it, and whether it complied with the Fair Work Act. The key legal issues were whether the agreement provided for fair and reasonable terms and conditions, including pay and hours of work, and whether it complied with the mandatory provisions of the Fair Work Act.

The Commission considered the evidence and submissions from both parties and found that the agreement provided for fair and reasonable terms and conditions for the employees covered by it. The agreement included provisions for pay rates, hours of work, and other employment conditions that were consistent with industry standards and provided for appropriate protections for employees. The Commission also found that the agreement complied with the mandatory provisions of the Fair Work Act, including the requirement for a minimum rate of pay and provisions for leave and other entitlements. The Commission was satisfied that the agreement was in the best interests of the employees and employers covered by it and approved it.

The Commission approved the agreement subject to certain conditions, including a requirement for the parties to review the agreement and make any necessary changes to ensure that it continues to provide for fair and reasonable terms and conditions for employees. The Commission also noted that the agreement included provisions for dispute resolution and that the parties had agreed to use these provisions to resolve any disputes that may arise under the agreement. The final orders of the Commission were that the agreement be approved and registered as a registered agreement under the Fair Work Act, subject to the conditions set out in the decision.

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