Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1616

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1382)

MJB CONTRACTORS 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, 15 MAY 2025

Application for approval of the MJB CONTRACTORS 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 MJB CONTRACTORS 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 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 8 April 2025 and the Agreement was made on 30 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 22 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 case before the court involved an application for approval of an enterprise agreement between MJB Contractors Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on the terms of the proposed Subcontractors Formwork Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, an industrial relations tribunal with jurisdiction over such agreements under the Fair Work Act 2009.

The primary legal issue was whether the agreement met the requirements of the Fair Work Act, particularly section 231, which sets out the criteria for enterprise agreements to be approved. This included assessing whether the agreement provided for a fair and efficient workplace relationship, was free from coercion and undue influence, and covered all the necessary matters as prescribed by the Act. The court had to consider submissions from both parties and any relevant evidence provided.

In delivering the decision, the Commission found that the agreement contained provisions that were fair and efficient and did not evidence any coercion or undue influence. The agreement comprehensively covered all the necessary matters as required by the Act, including wages, conditions of employment, and dispute resolution mechanisms. The Commission was satisfied that the agreement met all the statutory criteria for approval. Consequently, the court approved the enterprise agreement, which would now be binding on the parties involved.

The court's final orders included the approval of the Subcontractors Formwork Enterprise Agreement 2024-2027 between MJB Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision confirmed the terms of the agreement as a legally binding contract, effective from the date of approval. The parties were directed to implement the agreement in accordance with its terms and conditions, subject to any further directions from the Commission.

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