Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1331

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1066)

KEYSTONE VICTORIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 22 APRIL 2025

Application for approval of the Keystone Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 Keystone Victoria Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 involved an application for the approval of the Keystone Victoria Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The application was brought by the Union, which sought to have the agreement recognised as a protected action agreement under the Fair Work Act 2009. The employer, Keystone Victoria, did not oppose the application, and the parties agreed that the agreement met the requirements for approval.

The primary legal issue before the Commission was whether the agreement satisfied the criteria for approval under section 233 of the Fair Work Act. The Union argued that the agreement, which was made following protected action, met all necessary conditions, including that it was not contrary to public policy and that it provided for the resolution of any dispute between the parties. The employer did not contest these points, and the Commission needed to determine whether, in the absence of opposition, the agreement could be considered compliant and in the interests of achieving an industrial outcome.

The Fair Work Commission found that the agreement met all the statutory requirements for approval. The agreement contained provisions for the fair and equitable treatment of employees, including minimum wages, hours of work, and conditions of employment. It also included mechanisms for resolving any disputes that might arise between the parties. The Commission noted that there was no evidence to suggest that the agreement was contrary to public policy or otherwise objectionable. Given the absence of opposition from the employer and the Union's demonstration that the agreement met all necessary conditions, the Commission approved the agreement as a protected action agreement.

The final orders of the Commission were that the Keystone Victoria Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 be approved as a protected action agreement under section 233 of the Fair Work Act. The agreement was to be registered with the Commission and would have effect from the date of approval. This decision provided clarity and certainty for the parties involved, ensuring that the terms of the agreement would govern the employment conditions of the relevant employees for the duration of the agreement.

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