Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 928

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/609)

THE TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PLASTERING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 MARCH 2025

Application for approval of THE TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TRUSTEE FOR ALL MELBOURNE CONSTRUCTIONS (VIC) TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Plastering 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 24 March 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 Trustee for All Melbourne Constructions (Vic) Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) sought approval of a proposed enterprise agreement. The dispute involved the terms and conditions of employment for subcontractors within the Melbourne construction industry, focusing on the proposed agreement's compliance with the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement met the statutory requirements for enterprise agreements under the Fair Work Act, and if it provided for the fair and efficient resolution of workplace issues. Specifically, the Commission needed to determine if the agreement adequately covered essential terms such as minimum wages, working hours, leave entitlements, and dispute resolution mechanisms. Additionally, the Commission had to assess if the agreement was free from any unlawful content and whether it had been genuinely negotiated between the parties.

In its decision, the Commission found that the proposed agreement largely complied with the statutory requirements. The agreement was comprehensive, covering all necessary minimum terms and conditions, and provided clear and accessible dispute resolution processes. The Commission noted the absence of any unlawful content and accepted the evidence provided that the agreement had been genuinely negotiated. Consequently, the Commission approved the enterprise agreement, acknowledging its potential to provide stability and fairness within the Melbourne construction industry for the specified period.

The final orders of the Commission included the approval of the proposed enterprise agreement, subject to certain conditions such as the parties' obligation to notify the Commission of any changes. The Commission also set a review date for the agreement, ensuring that it would remain relevant and effective in addressing the needs of the industry and the workforce.

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