Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1004)

SPARTAN REMEDIAL SERVICES CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 APRIL 2025

Application for approval of the SPARTAN REMEDIAL SERVICES CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the SPARTAN REMEDIAL SERVICES CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Assess Flooring 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 5 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 case before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Spartan Remedial Services Civil Pty Ltd for the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009. The dispute centred on whether the proposed agreement met the necessary criteria for registration, including whether it was in the interests of the employees and whether it complied with the requirements of the Act.

The legal issues before the court included whether the agreement provided fair and reasonable terms and conditions for the employees, and whether it was made in good faith. The court also had to determine if the agreement met the threshold for being considered a simple, fair and efficient workplace agreement, as required by the Fair Work Act. Additionally, the court assessed whether the agreement contained all the mandated terms and conditions as stipulated in the Act.

In its decision, the court found that the agreement met all the necessary criteria for approval. The court held that the agreement provided fair and reasonable terms and conditions for the employees, and it was made in good faith. The court also determined that the agreement was simple, fair and efficient, and it included all the required terms and conditions as mandated by the Fair Work Act. The court concluded that the agreement was in the best interests of the employees and should be approved.

Consequently, the court approved the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement is now registered under the Fair Work Act, and the parties are bound by its terms and conditions.

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