| [2025] FWCA 1610 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1280)
CASTLE ARCHITECTURAL SYSTEMS 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 MASSON | MELBOURNE, 14 MAY 2025 |
Application for approval of the CASTLE ARCHITECTURAL SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the CASTLE ARCHITECTURAL SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 26 March 2025 and the Agreement was made on 17 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 21 May 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529010 PR787306>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1610
- Case
- [2025] FWCA 1610
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed agreement complied with the relevant statutory provisions and met the standards set for enterprise agreements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided for minimum wages and conditions, ensured procedural fairness, and did not include terms that would be contrary to public policy.
After considering submissions from both parties and relevant statutory provisions, the Commission concluded that the agreement substantially complied with the requirements of the Fair Work Act. The agreement was found to provide for fair and reasonable wages and conditions, included provisions for procedural fairness, and did not contain any terms that were contrary to public policy. Therefore, the Commission approved the agreement, effective from the date of the decision.
The final orders of the Commission were that the CASTLE ARCHITECTURAL SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009. The agreement would be in effect from the date of the decision and would apply to all employees covered by its terms.
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