Construction, Forestry and Maritime Employees Union

[2025] FWCA 1358

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1087)

AUSCAST CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 24 APRIL 2025

Application for approval of the Auscast Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Auscast Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 24 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union sought approval for a proposed Enterprise Agreement between Auscast Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The matter was before the Fair Work Commission. The central legal issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009, specifically whether it was in the public interest and contained appropriate safeguards for vulnerable workers.

The Commission examined the agreement's provisions to determine if they provided for fair and reasonable terms and conditions, and if they adequately protected the rights and interests of the workers involved. The Commission considered the balance between the parties' bargaining power, the fairness of the proposed terms, and the broader impact on the industry and the public. The Commission found that the agreement provided for fair and reasonable terms and conditions, and it contained appropriate safeguards for vulnerable workers. It concluded that the proposed agreement was in the public interest.

Accordingly, the Commission approved the Enterprise Agreement. The approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between Auscast Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel employees for the period 2024 to 2027. This decision provides certainty for both parties and helps to maintain a stable industrial relations environment within the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established