Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1327

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1076)

SURETEC AUSTRALIA 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
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the Suretec Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 Suretec Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

The matter before the Fair Work Commission involved an application for the approval of the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 between Suretec Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought under the Fair Work Act 2009 to ensure that the agreement met the necessary criteria for registration and compliance with Australian labour laws. The dispute centred on the terms and conditions of employment for subcontractors in the concrete and access flooring sectors, specifically addressing issues such as wages, working conditions, and dispute resolution mechanisms.

The legal issues before the court required careful consideration of whether the proposed agreement was a "single, clear, and comprehensive" document that complied with the Fair Work Act. Key points of contention included whether the agreement provided for adequate wage increases, the establishment of a fair and efficient dispute resolution process, and whether it adequately safeguarded the rights and interests of both employers and employees. The court also had to determine whether the agreement was free from any discriminatory provisions and whether it met the requirements for being a "better off overall test" for the employees.

The Fair Work Commission assessed the agreement based on its provisions and the arguments presented by both parties. The Commission determined that the agreement was indeed a comprehensive and clear document that addressed the necessary employment terms and conditions. It was noted that the agreement provided for fair wage increases and a structured dispute resolution process, which were essential for maintaining industrial harmony. The Commission found that the agreement was not discriminatory and met the requirements of the better off overall test, ensuring that employees would be at least as well off, and in some cases better off, under the new agreement. Consequently, the Commission approved the agreement, recognising its compliance with the legislative framework and its potential to enhance the working conditions for the employees involved.

In its final orders, the Fair Work Commission approved the Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 between Suretec Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The decision was made on the basis that the agreement met all the statutory requirements under the Fair Work Act 2009 and provided a fair and equitable framework for the employment of subcontractors in the concrete and access flooring sectors. This approval ensures that the terms and conditions set out in the agreement are legally binding and enforceable, promoting better working conditions and industrial relations for the parties involved.

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