Construction, Forestry and Maritime Employees Union Summary

[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

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.

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

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.

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.

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.

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.

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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CaseChat Overview and Summary

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to the Fair Work Commission (FWC) for the approval of the Animal Commercial Carpentry Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The agreement sought to establish terms and conditions of employment for workers in the carpentry and joinery sectors employed by Animal Commercial Carpentry Pty Ltd. The application was contested by the employer, who raised objections regarding certain provisions within the agreement.

The legal issues central to this case were whether the proposed enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the employer questioned the fairness and appropriateness of certain clauses related to wages, working hours, and other employment conditions. The Commission had to assess if the agreement met the 'better off overall test', ensuring that employees would not be worse off financially or in terms of conditions compared to their previous arrangements.

In evaluating the application, the FWC examined the specific provisions of the agreement and considered the evidence provided by both the union and the employer. The Commission found that the agreement, while containing some contentious clauses, generally provided a fair and reasonable outcome for the employees. The FWC concluded that the proposed agreement met the requirements of the Act, particularly as it ensured employees were not worse off overall. The FWC approved the agreement, subject to certain modifications to address minor concerns raised by the employer.

The final orders of the Commission included the approval of the enterprise agreement with specified modifications to certain clauses, ensuring compliance with the Fair Work Act 2009. The agreement was to be implemented as approved, with the modifications providing clarity and fairness to both parties involved.

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