Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/770)

PROAS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 28 MARCH 2025

Application for approval of the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal 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 28 March 2025 and, in accordance with s.54 of the Act, will operate from 4 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 involved an application for the approval of an enterprise agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and PROAS PTY LTD, specifically pertaining to the removal of asbestos in the construction industry. The application was heard in the Fair Work Commission (FWC), an independent statutory body responsible for ensuring fair work practices in Australia.

The central legal issue before the FWC was whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. The court needed to assess if the agreement complied with provisions regarding the bargaining process, coverage, and the terms themselves. It was crucial to determine if the agreement was made in good faith, covered the appropriate bargaining unit, and included all mandatory terms as stipulated by the Act.

The FWC examined the evidence presented by both parties, including the bargaining process, the terms of the agreement, and any relevant background information. The court found that the agreement was made in good faith and covered the appropriate bargaining unit. Additionally, the FWC confirmed that the agreement included all mandatory terms and did not contain any terms that were unfair within the meaning of the Act. Therefore, the FWC approved the enterprise agreement, recognising it as meeting the statutory requirements for endorsement.

The FWC issued an order approving the PROAS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024-2027. This decision formalised the agreement as a legally binding document between the parties, ensuring that the terms and conditions set forth would govern the relationship between PROAS PTY LTD and the union for the specified period.

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