Construction, Forestry and Maritime Employees Union

[2025] FWCA 1170

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/833)

3D CONCRETE AND CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 4 APRIL 2025

Application for approval of the 3D CONCRETE AND 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 3D CONCRETE AND CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 April 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and 3D Concrete and Construction Pty Ltd sought approval of a subcontractor formwork enterprise agreement in the Fair Work Commission. The agreement, spanning from 2024 to 2027, aimed to govern the terms and conditions of employment for formwork subcontractors. The primary dispute centred around the fairness and appropriateness of the proposed terms and conditions, including wages, hours, and other employment standards, within the context of the enterprise.

The legal issues before the Commission involved assessing whether the agreement met the criteria for approval under the Fair Work Act. This included determining if the agreement provided for a fair and reasonable outcome for all parties, including the protection of vulnerable workers and the maintenance of industry standards. The Commission needed to ensure that the agreement did not undermine the broader objectives of the Fair Work Act, which include promoting economic prosperity, full employment, and the fair treatment of employees.

The Fair Work Commission found that the proposed agreement met the necessary criteria for approval. The agreement was deemed to provide fair and reasonable terms for the subcontractors, with adequate protections in place for vulnerable workers. The Commission noted that the agreement included provisions for fair wages, reasonable working hours, and appropriate leave entitlements, which aligned with the broader objectives of the Fair Work Act. The Commission concluded that the agreement would not undermine industry standards and would promote a fair and productive workplace environment.

The Fair Work Commission approved the 3D Concrete and Construction Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of approval. The agreement was to be registered with the Fair Work Commission and would govern the employment terms of formwork subcontractors for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established