Construction, Forestry and Maritime Employees Union

[2025] FWCA 1496

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/975)

RMEISH CORPORATION PTY LTD AND CFMEU – MANUFACTURING DIVISION ENTERPRISE AGREEMENT 2024-2025

Building services
COMMISSIONER PERICA	MELBOURNE, 6 MAY 2025

Application for approval of the Rmeish Corporation Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2024-2025

An application has been made for approval of an enterprise agreement known as the Rmeish Corporation Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2024-2025 (the Agreement). The application is made under section 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

The Employer has provided written undertakings. A copy of these undertakings is attached in Annexure A. I am satisfied the undertakings will not cause financial detriment to any employee covered by the Agreement and that the undertakings will not result in substantial changes to the Agreement. I therefore note the undertakings are taken to be terms of the Agreement under section 201(3) of the Act.

Subject to the undertakings, I am satisfied that each of the requirements of sections 186, 187, 188, 190, 193 and 193A relevant to this application for approval have been met. The Agreement does not cover all the employees of the employer, however, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Agreement does not contain a flexibility term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 17 March 2025. Thus, pursuant to s.202(4) and Clause 107 of Schedule 1 of the Act, the model flexibility term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Agreement does not contain a consultation term that meets the requirements of the Act. Employees were asked to vote to approve the agreement on 17 March 2025. Thus, pursuant to s.205(2) and Clause 107 of Schedule 1 of the Act, the model consultation term as prescribed by the Fair Work (Model Terms) Determination 2025 is taken to be a term of the Agreement.

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement has given notice under section 183 of the Act that it wants the Agreement to cover it. I therefore note the Agreement covers the organisation under section 201(2) of the Act.

The Agreement is approved today 6 May 2025. It will operate from 13 May 2025 as required by section 54 of the Act. The nominal expiry date is 30 June 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

Annexure A

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between the Rmeish Corporation Pty Ltd and the Construction, Forestry and Maritime Employees Union – Manufacturing Division. The Fair Work Commission (FWC) was tasked with reviewing the agreement to ensure it met the necessary legal standards. The applicants sought approval for the enterprise agreement, which outlined the terms and conditions of employment for workers within the specified period. The dispute centred around whether the agreement adhered to the provisions of the Fair Work Act 2009, particularly concerning the fairness and effectiveness of the agreement.

The legal issues before the FWC included whether the agreement contained all the mandated terms, if the agreement was free from prohibited content, and if the process leading to the agreement's formation was fair and appropriate. Additionally, the FWC had to consider whether the agreement ensured that employees were not worse off and that it was genuinely negotiated between the parties. The applicants argued that the agreement was fair and appropriately negotiated, while no party contested the substantive terms of the agreement.

In reviewing the application, the FWC assessed the fairness and effectiveness of the agreement. The FWC found that the agreement complied with the Fair Work Act and contained all the required terms. It was noted that the process of negotiation was fair, and the agreement did not contain any prohibited content. The FWC also confirmed that the agreement ensured employees were not worse off and provided adequate protections. Consequently, the FWC approved the enterprise agreement, recognising its compliance with the statutory requirements and the fair negotiation process.

The FWC issued an order approving the Rmeish Corporation Pty Ltd and CFMEU – Manufacturing Division Enterprise Agreement 2024-2025, effective from 1 July 2024. The order noted that the agreement was fair and appropriately negotiated, met all statutory requirements, and provided adequate protections for the employees. The approval was contingent on compliance with the terms of the agreement and adherence to the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established