Construction, Forestry and Maritime Employees Union

Case

[2025] FWCA 1467

2 MAY 2025


[2025] FWCA 1467

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1085)

ANIMAL COMMERCIAL CARPENTRY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 2 MAY 2025

Application for approval of the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 17 April 2025.

  1. On 23 April 2025, I provided the parties with a table of issues which included a concern about the proposed agreement being provided to employees at the same time as the Notice of Representational Rights (NERR). Despite the fact that a bargaining process did not occur, having considered the authority contained in SDA v Allen Family Pty Ltd,[1] I am satisfied that the Agreement has been genuinely agreed.

  1. There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

  1. 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 this organisation.

  1. I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

  1. The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.


COMMISSIONER


[1] SDA v Allen Family Pty Ltd [2024] FWCFB 48, [9].

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