Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3339

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3286)

CNC PRO (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 6 OCTOBER 2025

Application for approval of the CNC PRO (VIC) 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 CNC PRO (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 27 August 2025 and the Agreement was made on 19 September 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 13 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, on behalf of its members, and CNC Pro (VIC) Pty Ltd, a carpentry and joinery contracting company, sought approval of a new Enterprise Agreement. The dispute was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union and the employer aimed to formalise terms and conditions of employment for carpenters and joiners working under subcontract in Victoria. The key issues before the Commission included whether the proposed agreement met the requirements of the Fair Work Act 2009, particularly if it provided for fair and reasonable terms and conditions, and if it complied with the procedural fairness provisions.

The Commission examined the submissions from both parties and reviewed the proposed agreement. It found that the agreement was fair and reasonable, taking into account the economic circumstances, the bargaining positions of the parties, and the need for a balanced and equitable outcome. The Commission also considered whether the union had genuinely negotiated the agreement and if the process had been fair. It was satisfied that the union had followed the necessary steps and that the agreement reflected the interests of the employees and the employer.

Consequently, the Commission approved the CNC Pro (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The agreement was deemed to be a valid and binding enterprise agreement under the Fair Work Act, effective from the date of the Commission's decision. The approval ensures that the terms and conditions outlined in the agreement would govern the employment of carpenters and joiners working under subcontract in Victoria for the duration of the agreement.

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