Construction, Forestry and Maritime Employees Union

[2025] FWCA 1035

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/719)

FERRO PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2025

Application for approval of the FERRO PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FERRO PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, along with Ferro Projects Pty Ltd, applied for the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The primary dispute was the terms and conditions for subcontractors within the carpentry and joinery sectors for the specified period. The Fair Work Commission was tasked with evaluating the agreement to ensure it met the necessary standards and was fair and reasonable.

The legal issues before the Commission centred on whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, including its adherence to the principles of fairness, reasonableness, and good faith. The Commission had to consider the balance of the agreement in terms of wages, conditions, and the overall impact on both the employees and employers within the specified industries. The fairness of the agreement in light of the existing economic conditions and the bargaining power of the parties involved was also a key consideration.

Upon reviewing the agreement, the Commission found that the proposed terms were fair and reasonable, taking into account the economic context, the bargaining positions of the parties, and the overall balance of the agreement. The Commission highlighted the importance of maintaining a fair and equitable workplace for both employees and employers. After careful consideration, the Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, effective from the date of the decision. This approval ensures that the agreed terms will govern the employment conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established