Construction, Forestry and Maritime Employees Union

[2025] FWCA 1493

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1236)

CLAD CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 7 MAY 2025

Application for approval of the CLAD CARPENTRY 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 CLAD CARPENTRY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Façade Enterprise Agreement 2024 - 2027(Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 14 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union and CLAD CARPENTRY PTY LTD, the Fair Work Commission was tasked with reviewing and approving the proposed Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The dispute centred on whether the agreement met the necessary criteria for approval under the Fair Work Act 2009, particularly focusing on the agreement's compliance with the procedural fairness requirements and its alignment with the objectives of the Fair Work Act.

The central legal issues before the Commission were whether the proposed agreement adhered to the procedural fairness standards required by the Fair Work Act, and if the agreement reflected a fair and reasonable outcome for the employees covered by it. This involved scrutinising the process through which the agreement was negotiated, including the representation of the parties and the fairness of the terms proposed. The Commission also had to consider whether the agreement appropriately balanced the interests of the employers and employees and if it contributed to a productive workplace relationship.

In its decision, the Fair Work Commission determined that the proposed agreement was in compliance with the procedural fairness requirements and met the statutory objectives of the Fair Work Act. The Commission found that the negotiation process was fair and that the agreement adequately represented the interests of both the employers and the employees. The Commission highlighted that the agreement included provisions that supported a cooperative workplace environment and provided for a fair distribution of benefits and responsibilities between the parties. Based on these findings, the Commission approved the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027.

The Fair Work Commission ordered the approval of the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, effective from 1 April 2024. This decision ensures that the agreement will govern the employment conditions for the relevant employees and subcontractors until 31 March 2027, providing a framework for fair and reasonable workplace practices during this period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established