Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 914

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/552)

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

Manufacturing and associated industries
COMMISSIONER PLATT	ADELAIDE, 14 MARCH 2025

Application for approval of the Built Tech Hoardings 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 Built Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 March 2025.

On 11 March 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Robert Lucas and supporting material which resolved the pre-approval concerns identified.

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

The matter before the court involved an application for the approval of the Built Tech Hoardings Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement for the years 2024 to 2027. The application was brought under the Fair Work Act 2009, seeking a determination that the agreement should be approved as a registered agreement. The court was required to determine whether the agreement complied with the statutory requirements and whether it was made in good faith.

The primary legal issue before the court was whether the enterprise agreement met the statutory criteria for approval. This involved examining the procedural fairness of the agreement, the good faith requirement, and the compliance with the terms and provisions outlined in the Fair Work Act. The court also had to consider whether the agreement contained all the necessary minimum terms and conditions, and whether it adhered to the relevant provisions concerning the rights and protections of employees.

The court examined the evidence presented, which included the details of the bargaining process and the content of the agreement. The court found that the agreement was made in good faith and that the bargaining process was procedurally fair. The agreement was found to include all the necessary minimum terms and conditions as stipulated by the Fair Work Act, and it complied with the statutory requirements for registration. The court was satisfied that the agreement provided adequate protections for employees and that it was fair and reasonable in its terms.

The court approved the Built Tech Hoardings Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 as a registered agreement, in accordance with the provisions of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the court's approval.

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