Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1073

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/666)

HOLLOW CORE CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CAULKING & SEALING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 MARCH 2025

Application for approval of the HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 March 2025.

On 20 March 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Yasin Orhan and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

The Construction, Forestry and Maritime Employees Union, 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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicants, the Construction, Forestry and Maritime Employees Union (CFMEU) and the Victorian Construction and General Division, applied to the Fair Work Commission for the approval of the HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027. The application was heard by the Commission, which was required to determine whether the proposed agreement met the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement contained terms that were contrary to the public interest, as defined under section 235 of the Fair Work Act. The Commission needed to consider whether any of the terms in the agreement were inconsistent with the principles of the Australian industrial relations system or had the potential to undermine the broader public interest.

In reaching its decision, the Commission examined the specific terms of the proposed agreement and assessed them against the criteria for public interest objections. The Commission found that the terms of the agreement were consistent with the principles of the Australian industrial relations system and did not pose any significant public interest concerns. The Commission was satisfied that the agreement would not lead to any detrimental effects on the broader economy or on the rights and interests of other parties. Consequently, the Commission approved the proposed agreement, finding it to be in accordance with the requirements of the Fair Work Act.

The Fair Work Commission approved the proposed HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Caulking & Sealing Enterprise Agreement 2024 - 2027, as it met the requirements of the Fair Work Act and did not pose any significant public interest concerns. The terms of the agreement were found to be consistent with the principles of the Australian industrial relations system, and the Commission was satisfied that the agreement would not lead to any detrimental effects on the broader economy or on the rights and interests of other parties. The approval of the agreement is effective from the date of the Commission's decision.

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