| [2025] FWCA 1137 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/839)
SG FORMWORK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 8 APRIL 2025 |
Application for approval of the SG FORMWORK 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 SG FORMWORK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.
The Construction, Forestry and Maritime Employees Union 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 April 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1137
- Case
- [2025] FWCA 1137
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission centred on whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement met the criteria for being "better off overall" for the employees covered by the agreement and if it adhered to the "good faith" requirement. The Commission also had to assess whether the agreement contained provisions that were necessary to prevent unfair treatment of employees and whether it was free from any discriminatory terms.
In reaching its decision, the Commission examined the submissions from both parties and the evidence presented regarding the impact of the agreement on the employees. The Commission found that the agreement provided a comprehensive set of terms and conditions that were beneficial to the employees, ensuring fair pay and conditions while also promoting productivity and safety in the workplace. The Commission was satisfied that the agreement met the "better off overall test" and was made in good faith. The Commission also found that the agreement did not contain any discriminatory provisions and was necessary to prevent unfair treatment of employees.
The Fair Work Commission approved the Subcontractors Formwork Enterprise Agreement 2024-2027, finding that it met the statutory requirements under the Fair Work Act 2009. The agreement was deemed to be in the best interests of the employees and was made in good faith. The Commission’s decision was based on the evidence and submissions provided by both the CFMEU and SG Formwork Pty Ltd, which demonstrated that the agreement provided fair and equitable terms for the employees covered by it.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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