Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1340

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1148)

CONNOR STRUCTURES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 MAY 2025

Application for approval of the Connor Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Connor Structures Pty Ltd and the CFMEU (Victoria Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Connor Structures Pty Ltd sought the approval of their Enterprise Agreement from the Fair Work Commission. The agreement, known as the Subcontractors Formwork Enterprise Agreement 2024-2027, was the subject of this application. The primary concern was whether the agreement met the legal requirements for approval, including compliance with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court was required to consider if the agreement was fair and reasonable, if it contained essential terms, and if it had been properly certified by the relevant union officials.

The legal issues the court needed to resolve included whether the agreement provided for a genuine enterprise bargaining arrangement, if it contained all the necessary terms, and whether the union had followed the appropriate processes in certifying the agreement. The court also needed to examine if the agreement was consistent with the Fair Work Act and did not contain any terms that would be unfair to any party. Additionally, the court had to determine if the agreement had been properly negotiated and if it was in the best interests of the employees and the employer.

The court found that the agreement was fair and reasonable, and it contained all the essential terms required by law. The court noted that the agreement was negotiated in good faith and provided for a genuine enterprise bargaining arrangement. The union had followed the appropriate processes in certifying the agreement, and it was consistent with the Fair Work Act. The court also found that the agreement did not contain any terms that would be unfair to any party and was in the best interests of the employees and the employer. Based on these findings, the court approved the Subcontractors Formwork Enterprise Agreement 2024-2027.

The court made an order approving the Subcontractors Formwork Enterprise Agreement 2024-2027 between Connor Structures Pty Ltd and the CFMEU. The agreement was deemed to have effect from the date of the order and would remain in force for the duration specified within the agreement. This decision provided clarity and legal certainty for both parties, ensuring that the agreement would be recognised and enforceable under the Fair Work Act.

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