Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 987

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/679)

CK FORMWORK GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 21 MARCH 2025

Application for approval of the CK Formwork Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 CK Formwork Group Pty Ltd 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). 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 21 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved the Construction, Forestry and Maritime Employees Union (CFMEU) and CK Formwork Group Pty Ltd. They jointly submitted an application for the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 under the Fair Work Act 2009. The nature of the dispute was whether the terms of the proposed agreement met the statutory requirements for approval and if it was fair and reasonable under the relevant industrial relations framework.

The primary legal issues before the court were whether the agreement contained all the mandatory terms prescribed by the Fair Work Act, whether the agreement was made in good faith and without any coercion, and if the terms were fair and reasonable. The court was required to examine if the agreement complied with all the legal provisions, including the protection of workers' rights and ensuring that the agreement was not detrimental to the employees.

The court conducted a detailed analysis of the agreement, considering its provisions against the requirements of the Fair Work Act. It confirmed that the agreement included all the mandatory terms and was made in good faith. The court found that the terms of the agreement were fair and reasonable, taking into account the economic and employment conditions of the industry. It concluded that the proposed agreement met all the statutory criteria for approval and did not disadvantage any party involved.

As a result of the court's findings, it approved the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. The agreement was therefore legally binding on the parties involved, establishing 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