Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 790

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/412)

Business equipment industry
COMMISSIONER MATHESON	SYDNEY, 3 MARCH 2025

Application for approval of the FIRST CLASS COOLROOMS and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FIRST CLASS COOLROOMS and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 – 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The notice of employee representational rights that was provided to employees was not in the correct form. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Fair Work Commission (FWC) was asked to approve an enterprise agreement between First Class Coolrooms and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union sought approval of the FIRST CLASS COOLROOMS and the CFMEU (Victorian Construction and General Division) Subcontractors Coolroom Builder Enterprise Agreement 2024 – 2027. This was pursuant to s.185 of the Fair Work Act 2009 (Cth). The union claimed that the agreement met all relevant requirements of the Act. The main legal issue was whether the application met the requirements under s.185 of the Act for the approval of an enterprise agreement. The Commission needed to determine if the union had provided the required notice of employee representational rights and if the agreement met all other relevant criteria under the Act.

The Commission noted that the notice of employee representational rights was not in the correct form, but considered this to be a minor procedural error that did not disadvantage the employees. The Commission was satisfied that all requirements under ss.186, 187 and 188 of the Act had been met. The union, as a bargaining representative, had also notified under s.183 of the Act that it wanted the agreement to cover it. The Commission approved the agreement under s.201(2) of the Act, noting that it covered the organisation. The agreement was approved and would operate from 10 March 2025, with a nominal expiry date of 2 July 2027.

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