Construction, Forestry and Maritime Employees Union

[2025] FWCA 1302

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/999)

STUART DENT 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, 28 APRIL 2025

Application for approval of the STUART DENT 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 STUART DENT 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 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 matter before the court involved an application for the approval of the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027. The primary parties involved were the Construction, Forestry and Maritime Employees Union (CFMEU), representing the employees, and Stuart Dent Pty Ltd, representing the employer. The dispute centred around whether the proposed enterprise agreement complied with the relevant legislative requirements under the Fair Work Act 2009.

The court was tasked with determining several key legal issues. Primarily, it had to assess whether the agreement met the statutory criteria for approval, including whether it provided for fair and reasonable terms and conditions, and whether it was free from any unfair provisions. Additionally, the court needed to consider whether the agreement appropriately addressed the needs of both parties, ensuring a fair balance between the rights and obligations of employers and employees.

In reaching its decision, the court meticulously examined the provisions of the agreement, focusing on its compliance with the Fair Work Act. It evaluated the procedural fairness in the negotiation process and the substantive fairness of the terms contained within the agreement. The court concluded that the agreement satisfied the necessary legislative requirements and was therefore fair and reasonable. The court found no evidence of any unfair provisions and deemed the agreement to appropriately balance the interests of both parties.

Consequently, the court approved the STUART DENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024-2027. The decision was made under the authority granted by section 232 of the Fair Work Act 2009, affirming the agreement as compliant with all relevant legal standards.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established