Construction, Forestry and Maritime Employees Union

[2025] FWCA 3314

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3262)

EASTERN HEIGHT SAFETY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SAFETY SYSTEMS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 OCTOBER 2025

Application for approval of the EASTERN HEIGHT SAFETY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the EASTERN HEIGHT SAFETY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems 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 22 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 10 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 parties involved in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and Eastern Heights Safety Pty Ltd. They sought the approval of the Subcontractors Safety Systems Enterprise Agreement 2024-2027. This agreement was to regulate the terms and conditions of employment for workers employed by Eastern Heights Safety Pty Ltd under the jurisdiction of the CFMEU (Victorian Construction and General Division). The dispute centred on the compliance of the proposed agreement with the relevant legislative requirements and the fairness of the terms for both parties.

The legal issues that needed to be addressed included whether the agreement met the criteria for approval under the relevant industrial relations legislation, such as the Fair Work Act 2009. This involved examining whether the agreement had been negotiated in good faith, whether it provided for the proper protection of employee interests, and whether it complied with the minimum standards set out in the Fair Work Act. The court also had to determine if the terms of the agreement were fair and reasonable, considering the balance of interests of both the employees and the employer.

The court found that the proposed agreement had been negotiated in good faith and met the necessary legislative criteria. The terms of the agreement were considered fair and reasonable, providing adequate protection for the employees while also being practical and beneficial for the employer. The court approved the Subcontractors Safety Systems Enterprise Agreement 2024-2027, confirming its compliance with the relevant industrial relations laws and its suitability for implementation.

The final orders of the court were that the Subcontractors Safety Systems Enterprise Agreement 2024-2027, as presented by the CFMEU and Eastern Heights Safety Pty Ltd, be approved and registered under the Fair Work Act 2009. This decision provided legal certainty for both parties and allowed for the agreement to be implemented as intended.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established