Construction, Forestry and Maritime Employees Union

[2025] FWCA 1353

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1088)

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

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

Application for approval of the Trielite 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 TRIELITE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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.

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 2025.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a Subcontractors Carpentry & Joinery Enterprise Agreement between Trielite Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024 to 2027. The application was heard in the Fair Work Commission. The nature of the dispute was the need for the Fair Work Commission to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009.

The primary legal issues before the court were whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act, specifically whether it provided for the terms and conditions of employment of the employees, was in writing, and did not discriminate against any group of employees. Additionally, the court had to assess whether the agreement was made in good faith and whether it included provisions that were consistent with the objects of the Act.

The Fair Work Commission found that the proposed agreement satisfied all the necessary criteria for approval. It contained terms and conditions of employment that were clear and comprehensive, was in writing, and did not contain any discriminatory provisions. The agreement was also found to have been made in good faith, with both parties participating in negotiations in a manner consistent with the principles of the Act. The court further determined that the provisions of the agreement were consistent with the objects of the Fair Work Act, including promoting high standards of employment and facilitating cooperative and productive workplace relations.

The Fair Work Commission approved the proposed Subcontractors Carpentry & Joinery Enterprise Agreement 2024 to 2027, subject to the terms and conditions set out in the agreement. The approval was based on the findings that the agreement met all the legal requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established