Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1077

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/743)

OCJ PTY LTD T/AS AUSFORM PROJECTS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the OCJ PTY LTD T/AS AUSFORM PROJECTS 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 OCJ PTY LTD T/AS AUSFORM PROJECTS and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 26 March 2025.

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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and OCJ PTY LTD T/AS AUSFORM PROJECTS sought approval for the Subcontractors Formwork Enterprise Agreement 2024-2027. The agreement, negotiated between the parties, sought to regulate terms and conditions of employment for formwork subcontractors within the construction industry. The CFMEU, representing the employees, and OCJ PTY LTD, representing the employers, jointly applied for the agreement's approval, which is a mandatory step under Australian industrial relations laws.

The primary legal issue before the Commission was whether the proposed agreement met all the requirements set out in the Fair Work Act 2009, including compliance with the "better off overall test" (BOOT). The Commission had to determine if the agreement provided employees with conditions that were at least as good as those they would have received under the applicable award, and whether it provided a net benefit to the employees. Additionally, the Commission examined the fairness and reasonableness of the agreement's terms and the manner in which the agreement was negotiated.

In reaching its decision, the Commission found that the agreement satisfied the BOOT, as it provided employees with terms and conditions that were at least as good as, if not better than, those available under the relevant award. The Commission noted the comprehensive nature of the agreement, which covered various aspects of employment, including wages, hours of work, leave entitlements, and dispute resolution mechanisms. The Commission also acknowledged the evidence presented by both parties regarding the negotiation process, which was deemed to be conducted in good faith and without coercion. Based on these findings, the Commission approved the agreement, recognising its potential to foster a fair and productive working environment.

The final orders of the Commission included the approval of the Subcontractors Formwork Enterprise Agreement 2024-2027, which will now be binding on the parties and their employees. The agreement will come into effect on the date of the Commission's decision and will remain in force until it is either replaced or terminated in accordance with its provisions or the Fair Work Act. The decision provides certainty for both employers and employees, ensuring that the terms and conditions of employment are regulated by a fair and equitable 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