Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1234

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/959)

ALL PATCH SOLUTIONS 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 BELL	MELBOURNE, 14 APRIL 2025

Application for approval of the ALL PATCH SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the ALL PATCH SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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 14 April 2025 and, in accordance with s.54 of the Act, will operate from 21 April 2025. 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

In this matter, the Construction, Forestry and Maritime Employees Union sought approval for the All Patch Solutions Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027. The union argued that the agreement was suitable for endorsement under the relevant legislation, and that the approval process was conducted fairly and in accordance with legal requirements. The court had to determine whether the agreement met the necessary criteria for approval and if the process adhered to procedural fairness.

The primary legal issues before the court involved whether the agreement was properly negotiated and if the union's application process complied with the requirements of the applicable legislation. The court had to consider whether there was any procedural unfairness in the handling of the application and if the agreement contained terms that were fair and reasonable for the employees and employers involved. The court's analysis also included examining whether the union had provided sufficient information and evidence to support the approval of the agreement.

After reviewing the application and the evidence presented, the court found that the agreement met the necessary criteria for approval. The court determined that the negotiation process was conducted fairly and that the terms of the agreement were reasonable. The union's application process was deemed to have complied with the relevant legislative requirements, and no procedural unfairness was identified. Therefore, the court granted the union's application for approval of the enterprise agreement.

As a result of the court's decision, the All Patch Solutions Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024-2027 was approved and is now in effect. The agreement will govern the employment conditions for the relevant employees and employers for the specified period, providing a framework for fair and reasonable terms of employment in the industry.

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