Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1041

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/730)

HICKORY BUILDING SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 26 MARCH 2025

Application for approval of the Hickory Building Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Hickory Building Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 26 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Hickory Building Systems Pty Ltd applied for the approval of a proposed enterprise agreement. The agreement, titled the Hickory Building Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027, was to be assessed by the Fair Work Commission (FWC). The FWC was required to determine whether the proposed agreement was in the public interest and whether it adhered to the requirements of the Fair Work Act 2009.

The primary legal issue before the FWC was whether the proposed agreement met the criteria for approval under section 234 of the Act. This involved examining the agreement's fairness, the process through which it was made, and whether it provided a safety net for employees. The FWC also needed to consider the parties' bargaining positions and the extent to which the agreement provided adequate protections for the employees of Hickory Building Systems.

The FWC found that the agreement was made in good faith and that it provided a safety net for employees, including minimum wages and conditions. The FWC determined that the agreement was fair and reasonable, taking into account the bargaining positions of the parties and the economic context. The process through which the agreement was negotiated was also deemed to be appropriate, with the FWC satisfied that both parties had an opportunity to participate in the negotiations. Consequently, the FWC approved the agreement, finding it to be in the public interest.

The Fair Work Commission approved the Hickory Building Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 - 2027. This decision was made on the basis that the agreement met the statutory requirements under the Fair Work Act and was in the public interest. The agreement now serves as a legally binding contract between the parties, setting out the terms and conditions of employment 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