Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 763

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/333)

M GROUP TRADES AND LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the M GROUP TRADES AND LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026

An application has been made for approval of an enterprise agreement known as the M GROUP TRADES AND LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 (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.

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 6 March 2025. The nominal expiry date of the Agreement is 29 May 2026.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a labour hire enterprise agreement between M Group Trades and Labour Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute was adjudicated in the Fair Work Commission, an independent statutory tribunal in Australia responsible for resolving workplace disputes. The Union and the employer sought to have their agreed terms and conditions enshrined in a legally binding enterprise agreement.

The primary legal issues that the court needed to resolve were whether the agreement met the necessary requirements under the Fair Work Act 2009 and whether it complied with the procedural and substantive provisions stipulated by the Act. Specifically, the court had to determine if the agreement had been made in good faith, if it covered all necessary aspects of employment, and if it adhered to the various procedural safeguards set out in the Act. Additionally, the court needed to consider if the agreement provided for a fair and equitable resolution of any potential disputes between the employer and the employees.

In examining the agreement, the court considered the submissions from both parties and reviewed the documentation provided. The court found that the agreement satisfied all the necessary criteria for approval under the Fair Work Act. The agreement was made in good faith and covered all essential terms and conditions of employment. It also met the procedural requirements, including proper notification, consultation, and opportunity for objections. The court concluded that the agreement was fair and equitable, providing for an effective resolution of any disputes that might arise between the parties.

The Fair Work Commission approved the enterprise agreement, making it legally binding on the employer and the employees. The agreement was set to remain in force until 2026, providing a stable framework for the employment relationship between the employer and the union. The court's decision ensured that the terms and conditions of employment were agreed upon through a fair and transparent process, thereby upholding the principles of the Fair Work Act.

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