Construction, Forestry and Maritime Employees Union

[2025] FWCA 877

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/574)

SQUARED CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 MARCH 2025

Application for approval of the SQUARED CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the SQUARED CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 31 January 2025 and the Agreement was made on 26 February 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 19 March 2025. The nominal expiry date of the Agreement is 2 July 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Builder Enterprise Agreement 2024-2027 between SQUARED CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement aimed to establish terms and conditions for employees in the building industry, including wages, hours of work, and other employment-related matters. The application for approval was made under the Fair Work Act 2009, which provides a framework for the regulation of workplace relations.

The key legal issues before the Commission were whether the agreement met the criteria for registration under the Fair Work Act and whether it was in the best interests of the employees it covered. Specifically, the Commission had to consider whether the agreement provided for a fair and efficient workplace, including adequate mechanisms for dispute resolution and protections for vulnerable workers. The Commission also needed to assess whether the agreement contained terms that were consistent with the National Employment Standards and the general protections provided by the Fair Work Act.

After examining the application and the agreement, the Commission concluded that the Builder Enterprise Agreement 2024-2027 was fair and met the criteria for approval under the Fair Work Act. The Commission found that the agreement provided for reasonable wages, appropriate conditions of employment, and effective mechanisms for dispute resolution. It also included provisions that aligned with the National Employment Standards and the general protections set out in the Act. The Commission determined that the agreement was in the best interests of the employees covered by it, as it balanced the needs of both employers and employees in a fair and reasonable manner.

The Fair Work Commission approved the Builder Enterprise Agreement 2024-2027 between SQUARED CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027. The agreement was registered and will now apply to the employees of SQUARED CONTRACTORS PTY LTD, providing them with the terms and conditions outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established