Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 708

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/402)

NAVAROO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LANDSCAPE CONSTRUCTION ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 FEBRUARY 2025

Application for approval of the NAVAROO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the NAVAROO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction 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 2 October 2024 and the Agreement was made on 18 February 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 3 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 matter before the court involved an application for the approval of an enterprise agreement between NAVAROO PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose as the parties sought to finalise the terms of their employment conditions for the period 2024-2027. The application was heard by the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The legal issues that needed to be resolved were whether the proposed agreement complied with the requirements of the Fair Work Act and whether it met the criteria for approval under the legislative framework. Specifically, the Commission needed to determine if the agreement was in the best interests of the employees, provided a fair and efficient method of determining wages and other conditions of employment, and did not allow for any unfair dismissals or discrimination. The Commission also had to consider if the agreement had been genuinely negotiated between the parties.

In assessing the application, the Commission took into account the provisions of the Fair Work Act and the principles established in previous cases. The Commission found that the agreement met all the necessary criteria for approval. It concluded that the agreement was genuinely negotiated, was in the best interests of the employees, provided a fair and efficient method of determining wages and other conditions, and did not permit any unfair dismissals or discrimination. Consequently, the Commission approved the NAVAROO PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Landscape Construction Enterprise Agreement 2024-2027.

The final orders included the approval of the enterprise agreement, which would be registered with the Fair Work Commission. This decision ensured that the terms of employment for the period 2024-2027 would be governed by the agreement, providing clarity and certainty for both the employer and the employees.

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