Construction, Forestry and Maritime Employees Union

[2025] FWCA 1142

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/841)

CREMA CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 8 APRIL 2025

Application for approval of the CREMA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CREMA CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Crema Constructions Pty Ltd. The union sought approval for an enterprise agreement that was to govern their relationship for the period from 2024 to 2027. The case was heard in the Fair Work Commission, which has jurisdiction to approve enterprise agreements that meet the criteria set out in the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the requirements for approval under the Act. Specifically, the Commission had to determine if the agreement contained the necessary provisions, was free from prohibited content, and did not adversely affect the safety provisions of the law. Additionally, the Commission needed to ensure that the agreement was made in good faith and did not undermine the protection of employees' rights.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, found that the proposed agreement met all the statutory criteria for approval. The Commission was satisfied that the agreement contained all necessary provisions, was free from prohibited content, and did not adversely affect safety provisions. Furthermore, the Commission was convinced that the agreement was made in good faith and did not undermine the protection of employees' rights. Consequently, the Commission approved the Builder Enterprise Agreement 2024 - 2027 between Crema Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division).

As a result of the Commission's decision, the enterprise agreement was approved, and it will now govern the relationship between Crema Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) for the specified period. The agreement includes terms and conditions of employment, including wages, hours of work, leave entitlements, and other workplace arrangements, and it will be binding on both parties for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established