Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 913

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/497)

AUSTRALIAN POST-TENSIONING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 14 MARCH 2025

Application for approval of the Australian Post-Tensioning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Australian Post-Tensioning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 6 March 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Australian Post-Tensioning Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024-2027, the Fair Work Commission was called upon to determine whether the proposed agreement should be approved. The application was made by the union on behalf of its members who are employed in the post-tensioning industry under the relevant enterprise agreement. The primary dispute centred around whether the terms and conditions outlined in the proposed agreement complied with the requirements of the Fair Work Act 2009.

The legal issues that the Commission needed to address included whether the agreement provided for the appropriate minimum entitlements, and whether it was free from any unlawful content. Additionally, the Commission had to ensure that the agreement did not unfairly disadvantage any party and was consistent with the principles of the Fair Work Act. The applicant union argued that the agreement was fair and balanced, while the employer contended that certain provisions imposed undue burdens and constraints on business operations.

The Commission found that the agreement was fair and balanced, providing for minimum entitlements that were in line with the requirements of the Fair Work Act. It was determined that the agreement did not contain any unlawful provisions and was free from any unfair disadvantages. The Commission considered the arguments presented by both parties and found that the agreement complied with all relevant legal standards. The Fair Work Commission approved the proposed agreement, ensuring that it would provide a fair and equitable framework for the employees and employers involved in the post-tensioning industry.

The final orders of the Commission included the approval of the Australian Post-Tensioning Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024-2027, effective from the date of the Commission's decision. This decision provided certainty and clarity for both parties involved in the post-tensioning industry, ensuring that the agreement would operate within the framework of the Fair Work Act.

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