Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1013

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/661)

WORKSTAFF PTY LTD AND ALOHA AAP PTY LTD T/AS ALOHA POOLS COMMERCIAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS COMMERCIAL POOL BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 MARCH 2025

Application for approval of the Workstaff Pty Ltd and Aloha AAP Pty Ltd T/As Aloha Pools Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Commercial Pool Builder 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 Workstaff Pty Ltd and Aloha AAP Pty Ltd T/As Aloha Pools Commercial and the CFMEU (Victorian Construction and General Division) Subcontractors Commercial Pool Builder 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 25 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of a new enterprise agreement between Workstaff Pty Ltd and Aloha AAP Pty Ltd, trading as Aloha Pools Commercial, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the CFMEU (Victorian Construction and General Division) Subcontractors Commercial Pool Builder Enterprise Agreement 2024-2027, was subject to the Fair Work Act 2009, which mandates that certain conditions must be met for an enterprise agreement to be approved. The key issues the Commission had to address included whether the agreement was made in good faith, if it was free from coercion and undue influence, and whether it complied with the statutory requirements for enterprise agreements.

The Commission examined the evidence presented by both parties to determine if the agreement was genuinely negotiated and if the bargaining process was fair. The Commission assessed whether the union and the employer had engaged in genuine negotiations and if the union had represented the employees appropriately. The Commission also considered whether the terms of the agreement were reasonable in the circumstances and if the agreement was consistent with the principles of the Fair Work Act. It was particularly important to ensure that the agreement did not undermine the intended protections and entitlements under the Act. The Commission's decision hinged on whether the agreement met the statutory criteria for approval and whether it complied with the requirements set out in the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement met the necessary criteria for approval. The Commission was satisfied that the agreement was made in good faith, free from coercion and undue influence, and that it complied with the statutory requirements. The Commission considered the evidence of the negotiation process and the terms of the agreement, concluding that they were reasonable and appropriate for the industry and the employees involved. The agreement was found to be consistent with the principles of the Fair Work Act and did not undermine the intended protections and entitlements. As a result, the Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Commercial Pool Builder Enterprise Agreement 2024-2027. The final orders of the Commission included the approval of the agreement, which is now in effect and binding on the parties 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