Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1098

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/795)

FORM REO POUR AUST PTY LTD T/AS FORM REO POUR AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the FORM REO POUR AUST PTY LTD T/AS FORM REO POUR 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 FORM REO POUR AUST PTY LTD T/AS FORM REO POUR 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 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 31 March 2025 and, in accordance with s.54 of the Act, will operate from 7 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 the approval of a new enterprise agreement between the Form Reo Pour Australia Pty Ltd trading as Form Reo Pour and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors. The application was brought under the Fair Work Act 2009, and the specific dispute centred around whether the agreement met all necessary requirements to be approved by the Commission. The Commission, led by Commissioner Ryan, was tasked with determining whether the agreement was in the best interests of the employees and if it complied with all relevant statutory provisions.

The primary legal issues the Commission had to address were whether the agreement provided for a fair and reasonable outcome for the employees and if it adhered to the prescribed terms and conditions outlined in the Fair Work Act. This included assessing whether the agreement was free from any unfair provisions, if it was made in good faith, and if it contained all the mandated minimum terms as stipulated by the Act. Additionally, the Commission needed to consider whether the agreement was appropriately certified by the relevant union officials, and if the process for seeking approval was properly followed.

After thorough examination, the Commission determined that the Form Reo Pour Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 met all the statutory requirements. The agreement was found to be fair and reasonable for the employees, compliant with the Act, and free from any unfair provisions. The Commission also confirmed that the agreement was certified correctly and that the application process was properly adhered to. Consequently, the Commission approved the agreement, finding that it was in the best interests of the employees and met all necessary legal standards.

The final orders of the Commission were that the Form Reo Pour Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 be approved as a registered agreement under section 173 of the Fair Work Act 2009. This approval ensures that the agreement will be in effect from the date of the Commission’s decision, providing a legally binding framework for the employment conditions of the employees covered by the agreement.

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