Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 859

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/542)

AAH CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ASBESTOS REMOVAL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2025

Application for approval of the AAH Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024 - 2027

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

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 7 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for the approval of the AAH Contracting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission. The primary dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009.

The legal issues that the court had to address included whether the agreement provided fair and reasonable terms for the employees, and whether it complied with the procedural requirements for enterprise agreements. The court needed to examine the provisions of the agreement to ensure that it did not include any unfair terms and that the process leading up to its negotiation and approval was lawful and transparent. Additionally, the court had to assess if the agreement was made in good faith and if it included appropriate dispute resolution mechanisms.

The Fair Work Commission determined that the agreement was fair and reasonable for the employees, and it was made in good faith. The court found that all procedural requirements had been met, and the agreement was in line with the provisions of the Fair Work Act. The Commission noted that the agreement contained provisions for the protection of employees' health and safety, as well as provisions for fair wages and conditions. The court concluded that the agreement was beneficial for both parties and approved it.

The final orders of the court included the approval of the AAH Contracting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Asbestos Removal Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and the parties were directed to adhere to its terms.

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