Construction, Forestry and Maritime Employees Union Summary

[2025] FWC 2792

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3056)

MASONRY ALLIANCE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the MASONRY ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MASONRY ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying 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 25 September 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, acting on behalf of its members, lodged an application for approval of a proposed enterprise agreement with the Fair Work Commission. The agreement in question was the MASONRY ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027. The application was made under the Fair Work Act 2009, and the primary dispute centred around whether the proposed agreement met the statutory requirements for approval, particularly concerning the process of bargaining and the fairness of the terms.

The legal issues before the Commission included whether the agreement was genuinely negotiated between the parties and whether it met the requirements for being a "single, integrated and complete agreement". Additionally, the Commission had to consider whether the agreement provided for procedural fairness in its negotiation and whether it contained terms that were in breach of any minimum entitlements prescribed by the Fair Work Act.

In delivering the decision, the Commission found that the agreement had been genuinely negotiated between the parties, as evidenced by the submissions and documentation provided. The Commission also found that the agreement was a single, integrated, and complete agreement, meeting the statutory criteria. The terms of the agreement were considered to be fair and reasonable, taking into account the nature of the industry and the bargaining context. The Commission noted that the agreement provided for procedural fairness and did not contain any terms that breached the minimum entitlements prescribed by the Fair Work Act. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the MASONRY ALLIANCE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027, effective from the date of the decision. This approval ensures that the agreement is legally binding on the parties and will govern the employment conditions of the relevant employees for the duration of the agreement.

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