Construction, Forestry and Maritime Employees Union

[2025] FWCA 1496

[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

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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.

1. 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

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Annexure A