Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1097

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/779)

CAMBAR PRECAST (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2025

Application for approval of the Cambar Precast (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Cambar Precast (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 31 March 2025.

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 Cambar Precast (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. The union sought to have the agreement approved under the Fair Work Act 2009. The dispute centred on whether the agreement met the requirements of the Act, including that it was made in good faith and covered a relevant group of employees.

The primary legal issues addressed by the Commission involved assessing whether the agreement was made in good faith, was genuinely agreed to by the parties, and contained minimum terms and conditions that were no less favourable than those in the relevant awards or safety nets. The Commission had to consider submissions from both parties, including evidence of negotiations and the terms of the agreement itself. It was also necessary to evaluate whether the agreement adequately addressed the needs and interests of the employees and the employer.

The Fair Work Commission determined that the agreement was made in good faith, was genuinely agreed to by the parties, and contained minimum terms and conditions that met the requirements of the Act. The Commission was satisfied that the negotiations were robust and that both parties had demonstrated a willingness to reach an agreement. The agreement was found to cover the relevant group of employees and to provide terms and conditions that were at least as favourable as those in the relevant awards or safety nets. Given these findings, the Commission approved the agreement, ensuring that it would become a legally binding enterprise agreement between the employer and the union.

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