Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1345

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1080)

SUAS CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the SUAS CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the SUAS CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement was approved on 24 April 2025 and, in accordance with s.54 of the Act, will operate from 01 May 2025. The nominal expiry date of the Agreement is 02 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Federal Circuit and Family Court of Australia, an application was made by the Construction, Forestry and Maritime Employees Union (CFME) for approval of the Subcontractors Formwork Enterprise Agreement 2024 – 2027 between the SUAS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division). The application arose under the Fair Work Act 2009, seeking the court's endorsement of the proposed agreement which outlines the terms and conditions of employment for formwork subcontractors in the construction industry.

The primary legal issue the court had to address was whether the proposed agreement met the requirements of the Fair Work Act, specifically section 231, which mandates that an enterprise agreement must be certified as "balanced and appropriate" by the Fair Work Commission before it can be approved by the court. The court had to examine the procedural fairness, the bargaining process, and the content of the agreement to determine if it was fair and reasonable for the employees involved.

The court examined the certification provided by the Fair Work Commission, which indicated that the agreement had been assessed as balanced and appropriate. The court noted that the bargaining process had been conducted in good faith and that the agreement included terms and conditions that were fair and reasonable for the employees. The court also considered the potential impact of the agreement on the employees' working conditions and remuneration. After reviewing the evidence and submissions, the court concluded that the agreement met the legislative requirements and approved the application.

As a result of the court's decision, the Subcontractors Formwork Enterprise Agreement 2024 – 2027 between SUAS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) was approved. This decision will now govern the terms and conditions of employment for formwork subcontractors in the construction industry 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