Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1272

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/987)

BARZEN PROJECTS 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, 16 APRIL 2025

Application for approval of the Barzen Projects 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 Barzen Projects 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 16 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of the Barzen Projects 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 pursuant to the Fair Work Act 2009. The central dispute was whether the terms of the enterprise agreement met the legal standards for registration, including fairness, genuine agreement, and compliance with relevant provisions of the Act.

The court was required to determine whether the enterprise agreement satisfied the criteria for approval as stipulated by the Fair Work Act. This involved assessing the negotiation process, the fairness of the terms, and whether the agreement genuinely reflected the views of the parties involved. The court also had to ensure that the agreement did not contravene any provisions of the Act, particularly those related to minimum entitlements, unfair dismissal protections, and procedural fairness.

In its reasoning, the court examined the negotiation process and found that it had been conducted in good faith, with both parties engaging in meaningful discussions and reaching an agreement that reflected the interests of the employees and the business. The terms of the agreement were found to be fair, providing adequate protections and benefits to the employees while also being reasonable for the employer. The court was satisfied that the agreement was genuinely negotiated and that it complied with all relevant statutory requirements. Based on these findings, the court approved the enterprise agreement.

The court ordered that the Barzen Projects Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. This approval was effective from the date of the court's decision, ensuring that the agreement would govern the employment conditions of the employees covered by it 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