Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1316

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1083)

L GIULIANI INCOME TRUST T/AS SHEPPARTON TERRAZZO WORKS 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, 22 APRIL 2025

Application for approval of the L Giuliani Income Trust T/AS Shepparton Terrazzo Works 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 L Giuliani Income Trust T/AS Shepparton Terrazzo Works 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 22 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the L Giuliani Income Trust T/AS Shepparton Terrazzo Works Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027. The union sought approval of the agreement, which aimed to govern the terms and conditions of employment for subcontractors in the precast panel industry in Victoria.

The central legal issue before the Commission was whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was a simple, genuine, and effective enterprise agreement, free from any prohibited content, and whether it complied with the relevant provisions of the Act.

In delivering its decision, the Commission found that the agreement was simple, genuine, and effective. It was concluded that the agreement was negotiated in good faith and reflected the economic realities of the industry. The Commission also determined that the agreement did not contain any prohibited content and was in compliance with the relevant statutory provisions. Accordingly, the Commission approved the agreement, recognising it as a lawful and effective enterprise agreement.

The final order of the Commission was that the L Giuliani Income Trust T/AS Shepparton Terrazzo Works Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009.

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