Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 721

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/404)

ASTERN GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the ASTERN GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the ASTERN GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 25 February 2025 and, in accordance with s.54 of the Act, will operate from 4 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Astern Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The dispute centred on the terms and conditions set out in the proposed enterprise agreement, which aimed to regulate the relationship between the Astern Group and its formwork subcontractors. The Commission was tasked with ensuring that the agreement met the legal standards set out in the Fair Work Act 2009.

The primary legal issue for the Commission was whether the proposed enterprise agreement satisfied the requirements of the Act, specifically the provisions regarding the minimum standards that must be included in such agreements. The Commission needed to determine whether the agreement appropriately balanced the interests of both the Astern Group and its subcontractors, ensuring that it did not undermine any of the minimum entitlements or protections afforded under the Fair Work Act. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it provided a fair and reasonable outcome for all parties involved.

After thorough examination of the agreement and the submissions made by both parties, the Commission found that the proposed enterprise agreement met all the necessary requirements. The agreement included provisions that were no less favourable than the relevant minimum standards and was deemed to be made in good faith. The Commission concluded that the agreement provided a fair and reasonable outcome for both the Astern Group and its subcontractors. As such, the Commission approved the enterprise agreement under section 232 of the Fair Work Act.

The Fair Work Commission approved the Astern Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the decision. The Commission's approval was based on its determination that the agreement met all legal requirements, including those pertaining to minimum standards, good faith, and fairness. The agreement is now binding on the Astern Group and its formwork subcontractors for the specified period.

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