Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1423

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1006)

STRACHAN FAMILY TRUST (THE TRUSTEE FOR) T/AS TOTAL WINDOW SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building services
COMMISSIONER PLATT	ADELAIDE, 2 MAY 2025

Application for approval of the STRACHAN FAMILY TRUST (THETRUSTEE FOR) T/AS TOTAL WINDOW SERVICES 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 STRACHAN FAMILY TRUST (THETRUSTEE FOR) T/AS TOTAL WINDOW SERVICES 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 17 April 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of John McCann and supporting material which resolved the pre-approval concerns identified.

In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

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

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CaseChat Overview and Summary

The case involved an application by the Strachan Family Trust, trading as Total Window Services Pty Ltd, for approval of the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The dispute was heard and determined in the Fair Work Commission of Australia. The central legal issues were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and whether it complied with the principles of good faith bargaining and industrial fairness. The court was tasked with examining the negotiation process, the terms of the agreement, and whether the agreement was in the best interests of the employees covered by it.

The Fair Work Commission meticulously reviewed the negotiation process and the content of the agreement. It found that the employer had engaged in genuine discussions with the union, adhering to the principles of good faith bargaining. The Commission examined each clause of the agreement to ensure it complied with the statutory requirements and did not contain any unfair terms. It considered whether the agreement was reasonably necessary to facilitate the efficient operation of the business and whether it was in the best interests of the employees. The Commission concluded that the agreement met all the necessary criteria and was fair and reasonable.

In its decision, the Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The Commission found that the agreement was a genuine outcome of good faith bargaining and was fair and reasonable in all its terms. The Commission highlighted the importance of the agreement in providing a stable and fair working environment for the employees covered by it. The decision provided clarity and certainty for both the employer and the union, ensuring that the agreement would operate effectively over the next three years.

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