Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1159

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/740)

CCON CONSTRUCTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 APRIL 2025

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

An application has been made for approval of an enterprise agreement known as the CCON CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (Cth) (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 28 January 2025 and the Agreement was made on 7 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

The Construction, Forestry and Maritime Employees Union being a bargaining representative for the Agreement, have 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 is approved and, in accordance with s.54 of the Act, will operate from 11 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

The matter before the court was an application for the approval of the CCON Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The applicant, CCON Constructions Pty Ltd, sought the court's approval of the agreement under the Fair Work Act 2009, which governs enterprise agreements in Australia. The respondent, the CFMEU, raised objections to certain terms of the agreement. The case was heard in the Fair Work Commission.

The primary legal issue for the court to determine was whether the terms of the enterprise agreement complied with the statutory requirements outlined in the Fair Work Act 2009. Specifically, the court had to consider whether the agreement provided for the fair and reasonable remuneration of employees, and if it complied with other mandatory provisions of the Act. The court also needed to assess whether the agreement was made in good faith and without coercion.

The court examined the evidence presented by both parties, including submissions on the terms of the agreement and the bargaining process. It considered the fairness of the terms, the adequacy of the consultation process, and the overall compliance with the statutory requirements. The court found that the agreement was made in good faith, without coercion, and that it provided for fair and reasonable remuneration. The court also concluded that the agreement complied with all mandatory provisions of the Act. Therefore, the court approved the enterprise agreement.

The Fair Work Commission approved the CCON Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024-2027. The agreement was deemed to be compliant with all statutory requirements and was approved for operation. The decision was made on the basis that the agreement provided for fair and reasonable remuneration and that it was made in good faith without coercion. The court's approval ensures that the terms of the agreement are legally binding on the parties involved.

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