Construction, Forestry and Maritime Employees Union

[2025] FWCA 1279

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/970)

VISCON CONCRETE CONSTRUCTION PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Manufacturing and associated industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 APRIL 2025

Application for approval of the VISCON CONCRETE CONSTRUCTION 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 VISCON CONCRETE CONSTRUCTION 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) I note that the Agreement covers the organisation.

The Agreement was approved on 16 April 2025 and, in accordance with s.54 of the Act, will operate from 23 April 2024. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for the approval of the VISCON CONCRETE CONSTRUCTION PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027. The application was made under the Fair Work Act 2009, seeking the Commission’s endorsement of the agreement to make it a registered enterprise agreement. The dispute primarily centred on whether the agreement complied with the statutory requirements set out in the Act, including provisions regarding minimum entitlements, the nature of the agreement, and procedural fairness in its formation.

The primary legal issues the Commission was required to address were whether the agreement met the criteria for registration under the Fair Work Act and if the procedural steps taken in the agreement's formation were fair and appropriate. The Commission needed to ensure that the agreement contained all mandatory terms, provided for minimum entitlements, and was not contrary to public policy. Additionally, the Commission examined whether the process by which the agreement was negotiated and agreed upon adhered to the procedural fairness standards.

The Fair Work Commission found that the agreement satisfied the necessary criteria for registration. It confirmed that the agreement included all mandatory terms and provided for minimum entitlements as required by the Act. The Commission also determined that the process of negotiation and agreement formation was procedurally fair, with both parties having an opportunity to participate and be represented. The Commission approved the agreement, acknowledging its compliance with the statutory requirements and its adherence to principles of procedural fairness.

As a result of the Commission's decision, the VISCON CONCRETE CONSTRUCTION PTY. LTD. and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 was approved and registered under the Fair Work Act 2009. This decision effectively formalised the agreement, making it binding on the parties involved and enforceable in accordance with the provisions of the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established