Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1646

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1383)

FDC CONSTRUCTION & FITOUT (VIC) PTY LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the FDC CONSTRUCTION & FITOUT (VIC)PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FDC CONSTRUCTION & FITOUT (VIC)PTY LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 2 April 2025 and the Agreement was made on 28 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 23 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 approval of an enterprise agreement between FDC Construction & Fitout (Vic) Pty Limited and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union sought to have the proposed Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 formally approved under the Fair Work Act 2009. The application was brought to the court to determine if the agreement met the legal requirements for approval and if it was in the best interests of the employees involved.

The central legal issues the court needed to address were whether the proposed agreement was genuinely a product of bargaining between the parties, whether it contained all the necessary prescribed terms, and whether it was in the best interests of the employees. Additionally, the court had to consider if the agreement complied with the good faith bargaining provisions and whether it was consistent with the principles of the Fair Work Act.

In reaching its decision, the court examined the process through which the agreement was negotiated and concluded that it was indeed a product of genuine bargaining between the parties. The court found that the agreement contained all the prescribed terms required by the Act and was consistent with the principles of the legislation. Furthermore, the court assessed the provisions of the agreement and determined that they were in the best interests of the employees, taking into account the economic and non-economic benefits and detriments. The court also confirmed that the agreement met the good faith bargaining requirements.

As a result, the court approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 between FDC Construction & Fitout (Vic) Pty Limited and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement was deemed to be in compliance with the Fair Work Act 2009 and was considered to be in the best interests of the employees. The court's decision effectively formalised the terms of the agreement, making it binding on both parties 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