Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 761

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/452)

FCG CONSTRUCTIONS TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the FCG CONSTRUCTIONS TRUST (THE TRUSTEE FOR) 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 FCG CONSTRUCTIONS TRUST (THE TRUSTEE FOR) 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 27 February 2025 and, in accordance with s.54 of the Act, will operate from 6 March 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 case before the Fair Work Commission involved an application for the approval of the FCG Constructions Trust (the Trustee for) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024–2027. The dispute centred around whether the proposed enterprise agreement met the legal criteria for approval under the Fair Work Act 2009. The applicants argued that the agreement was fair and reasonable for the employees and employers covered by the agreement, while no party opposed the application.

The primary legal issues before the Commission were whether the proposed agreement complied with the Fair Work Act and the relevant regulations, particularly in relation to the fairness and reasonableness of the terms and conditions set out in the agreement. The Commission had to consider whether the agreement provided for fair and reasonable terms and conditions and whether it met the prescribed minimum standards, including pay rates, penalties, and other employment conditions. Additionally, the Commission had to assess whether the agreement was consistent with the principles of free collective bargaining and did not adversely affect the employees’ rights or interests.

In delivering its decision, the Commission examined the provisions of the proposed agreement in detail, taking into account the submissions and evidence provided by the parties. The Commission found that the agreement contained fair and reasonable terms and conditions for the employees and employers covered by it. The agreement provided for appropriate pay rates and penalties, and it included provisions that were consistent with the principles of free collective bargaining. The Commission concluded that the agreement did not adversely affect the employees' rights or interests and met the legal requirements for approval. Based on this assessment, the Commission approved the proposed enterprise agreement, finding it to be fair and reasonable and in compliance with the relevant legislation.

The Fair Work Commission approved the FCG Constructions Trust (the Trustee for) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024–2027. The Commission determined that the agreement was fair and reasonable and met the legal criteria for approval under the Fair Work Act. The Commission's approval of the agreement ensures that the terms and conditions set out in the agreement are legally binding on the parties covered by it.

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