Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1386

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1072)

DACA CONSTRUCTION UNIT TRUST (THE TRUSTEE FOR THE) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2025

Application for approval of the DACA CONSTRUCTION UNIT TRUST (THE TRUSTEE FOR THE) 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 DACA CONSTRUCTION UNIT TRUST (THE TRUSTEE FOR THE) 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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry and Maritime Employees Union, applied for the approval of the DACA Construction Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. This application was made before the Fair Work Commission, which adjudicates on matters of industrial relations in Australia. The primary dispute in this case revolves around the terms and conditions of employment for carpenters and joiners who are subcontractors in the construction industry. The agreement sought to be approved sets out the rights and obligations of both employers and employees within the specified period.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement met the requirements for "registration" under the Act, which includes provisions regarding the fairness and reasonableness of the agreement's terms and conditions. The Commission also had to consider whether the agreement satisfied the "better off overall test," ensuring that the employees would be no worse off financially than under their previous terms of employment. Furthermore, the Commission examined whether the agreement appropriately balanced the interests of both employers and employees and if it adhered to the principles of good faith bargaining.

In reaching its decision, the Commission examined the evidence provided by both the applicant and other parties involved in the negotiations. The Commission noted that the agreement had been reached through genuine and good faith negotiations between the parties. It found that the terms of the agreement were fair and reasonable and provided for better outcomes for the employees in various respects, including wages, working conditions, and dispute resolution mechanisms. The Commission concluded that the agreement met all the legal requirements for registration and was, therefore, approved. The decision was made in the interest of promoting harmonious industrial relations and ensuring that employees were treated fairly and equitably.

The final orders of the Commission were that the DACA Construction Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. This decision provides certainty for both employers and employees within the construction industry and sets out the terms and conditions of employment for the specified period.

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