Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1116

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/810)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 2 APRIL 2025

Application for approval of the CALLEN CONSTRUCTIONS 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 CALLEN CONSTRUCTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as the pre-reform version has been used. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

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 2 April 2025 and, in accordance with s.54 of the Act, will operate from 9 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 Fair Work Commission involved an application for approval of the Enterprise Agreement between Callen Constructions Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for Formwork Subcontractors, covering the period from 2024 to 2027. The Commission was required to determine if the agreement met the criteria for approval under the Fair Work Act 2009. The key issues included whether the agreement provided for minimum terms and conditions, complied with the good faith bargaining requirements, and was free from any discriminatory provisions.

The Commission commenced by assessing the procedural fairness of the bargaining process, verifying that both parties had engaged in genuine and meaningful negotiations. It was established that the agreement had been the product of negotiations where both parties had an opportunity to discuss terms and reach a consensus. The Commission further examined the substantive provisions of the agreement to ensure it included minimum terms and conditions, such as wages, hours of work, and other employment conditions. The analysis revealed that the agreement comprehensively addressed these aspects, providing fair and reasonable terms for the employees. Additionally, the Commission scrutinised the agreement for any discriminatory clauses, confirming that it did not unfairly target or disadvantage any group of employees.

Upon reviewing the agreement's provisions and the bargaining process, the Commission found that the Enterprise Agreement met all the statutory requirements for approval. The agreement was found to provide fair and reasonable terms and conditions, and was the product of genuine and good faith bargaining. The Commission approved the Enterprise Agreement, emphasising its compliance with the legislative framework.

The Commission issued an order approving the Enterprise Agreement between Callen Constructions Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for Formwork Subcontractors, effective from 2024 to 2027. The approval was contingent on the agreement being registered with the Fair Work Commission, ensuring its enforceability and compliance with the Fair Work Act 2009.

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