Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1375

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1099)

CIVIL 5000 PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 APRIL 2025

Application for approval of the Civil 5000 Pty Ltd and the CFMEU (Victorian Construction and General Division)Subcontractors Formwork Enterprise Agreement 2024-2027

The decision issued by the Fair Work Commission on 28 April 2025 {[2025] FWCA 1375, AE528787} is corrected as follows:

The approval date for the decision has been corrected to 28 April 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

The Fair Work Commission was asked to approve a single-enterprise agreement between Civil 5000 Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question was the Subcontractors Formwork Enterprise Agreement 2024-2027, covering the building, metal, and civil construction industries. The Deputy President, Masson, presided over the case in Melbourne on 29 April 2025. The primary focus of the application was to secure approval for the proposed enterprise agreement, which was intended to regulate the terms and conditions of employment for subcontractors in the specified industries.

The legal issues before the court involved ensuring that the proposed agreement met the requirements of the Fair Work Act 2009, specifically section 185, which mandates that agreements be fair and reasonable. The court needed to verify that the agreement was made in good faith, contained necessary provisions, and did not unfairly discriminate against any group of employees. Additionally, the court had to consider whether the agreement provided for a fair and efficient resolution of workplace issues and if it adhered to the principles of the National Employment Standards.

The Deputy President reviewed the agreement meticulously, taking into account the submissions from both parties. The court found that the agreement was fair and reasonable, as it included provisions for minimum wages, penalty rates, and conditions that aligned with industry standards. The Deputy President also noted that the agreement contained mechanisms for the resolution of workplace disputes, which were deemed adequate and compliant with the Fair Work Act. Consequently, the Deputy President approved the agreement, ensuring it met all legislative requirements and was in the best interests of the employees.

The final order was to approve the Civil 5000 Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from 1 July 2024, subject to the conditions and provisions set out in the agreement. The approval date for the decision was corrected to 28 April 2025, ensuring the agreement could be implemented without delay.

Construction, Forestry and Maritime Employees Union

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