Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1042

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/686)

STILCON INDUSTRIAL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 26 MARCH 2025

Application for approval of the STILCON INDUSTRIAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the STILCON INDUSTRIAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027 ((Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of a proposed enterprise agreement between STILCON INDUSTRIAL SOLUTIONS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the STILCON INDUSTRIAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027, was subject to the Fair Work Act 2009. The court was tasked with determining whether the agreement complied with the statutory requirements for approval and whether it met the criteria for being a single, independent, and harmonious agreement.

The legal issues before the court included whether the proposed agreement was a genuine enterprise agreement as defined by the Fair Work Act 2009. This required an examination of the bargaining process, the scope of the agreement, and whether the agreement contained all the mandatory terms and conditions as required by the Act. The court also needed to consider whether the agreement was free from any prohibited content, such as discriminatory provisions, and whether it was likely to be effective in promoting harmonious workplace relations.

The court found that the proposed agreement was a genuine enterprise agreement and was likely to promote harmonious, productive and economic workplace relations. The court confirmed that the agreement was the result of genuine bargaining between the parties and contained all the mandatory terms and conditions as required by the Fair Work Act 2009. The court also found that the agreement was free from any prohibited content and was likely to be effective in achieving its objectives. The court approved the proposed agreement, noting that it would provide certainty and stability for the employees and employers covered by the agreement.

The court made an order approving the STILCON INDUSTRIAL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027, subject to the terms and conditions set out in the agreement. The agreement will now be registered with the Fair Work Commission and will come into effect on the date specified in the agreement. The court's decision provides certainty and stability for the parties involved and ensures that the agreement will promote harmonious workplace relations.

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