Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1249)

ASP ACCESS FLOORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 6 MAY 2025

Application for approval of the ASP Access Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 ASP Access Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 6 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the Access Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027. The union submitted that the agreement was made in good faith, and that it had been fairly negotiated. The company opposed the application, contending that the agreement did not meet the requirements of section 232 of the Fair Work Act 2009.

The central legal issue was whether the enterprise agreement met the statutory requirements for approval under section 232 of the Act. Specifically, the company argued that the union did not have sufficient bargaining power to make the agreement, and that it did not provide for fair and reasonable terms and conditions. The union responded that it had made the agreement in good faith, and that it was fair and reasonable.

The Commission found that the union had sufficient bargaining power, and that the agreement had been fairly negotiated. The Commission also found that the agreement provided for fair and reasonable terms and conditions. The Commission noted that the agreement included provisions for minimum wages and conditions, dispute resolution, and redundancy. The Commission concluded that the agreement met the requirements of section 232 of the Act, and approved the agreement.

The final orders were that the Access Floors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 be approved as a registered agreement.

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