Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1479

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1231)

ASK CONSTRUCTIONS PL & VRSELJA FAMILY TRUST T/AS HIGHRISE CARPENTRY AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 5 MAY 2025

Application for approval of the ASK CONSTRUCTIONS PL & VRSELJAFAMILY TRUST T/As HIGHRISE CARPENTRY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ASK CONSTRUCTIONS PL & VRSELJAFAMILY TRUST T/As HIGHRISE CARPENTRY and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 the 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 20 February 2025 and the Agreement was made on 14 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 12 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

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 (CFMEU) sought approval of the ASK Constructions PL & Vrselja Family Trust t/as Highrise Carpentry and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The application was made under section 231 of the Fair Work Act 2009. The union argued that the proposed agreement covered all employees of the company who were not covered by other agreements, and that it provided for fair and reasonable terms and conditions of employment.

The legal issues before the Commission included whether the proposed agreement met the criteria for registration as a registered agreement, including that it provided for fair and reasonable terms and conditions, and that it was not likely to have an adverse effect on the industrial relations system. The Commission also had to consider whether the agreement complied with the relevant provisions of the Fair Work Act and Regulations, and whether there were any procedural irregularities in the making of the application.

The Commission found that the proposed agreement met the criteria for registration. It was satisfied that the agreement provided for fair and reasonable terms and conditions, and that it was not likely to have an adverse effect on the industrial relations system. The Commission also found that the agreement complied with the relevant provisions of the Fair Work Act and Regulations, and that there were no procedural irregularities in the making of the application. The Commission approved the proposed agreement, which will now be registered as a registered agreement under the Fair Work Act.

The Commission's decision to approve the proposed agreement is a significant outcome for the CFMEU and its members, as well as for the employer and its employees. The agreement provides for a fair and reasonable framework for the employment of subcontractors in the carpentry and joinery industry, and will provide certainty and stability for all parties involved. The decision also reinforces the importance of the Fair Work Commission's role in facilitating the registration of enterprise agreements that meet the statutory criteria.

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