Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 667


[2025] FWCA 667

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/308)

SIX STAR CONSTRUCT PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

COMMISSIONER MATHESON

SYDNEY, 20 FEBRUARY 2025

Application for approval of the SIX STAR CONSTRUCT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the SIX STAR CONSTRUCT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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.

  1. 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.

  1. 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.

  1. The Agreement is approved and, in accordance with s.54 of the Act, will operate from 27 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 667
Case
[2025] FWCA 667
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and SIX STAR CONSTRUCT PTY LTD applied for approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The dispute involved the terms and conditions of employment for subcontractors in the carpentry and joinery sectors within the construction industry. The Commission was tasked with assessing whether the agreement met the requirements of the Fair Work Act 2009 and was in the best interests of the employees.

The legal issues before the Commission included whether the agreement provided for the fair and efficient operation of the workplace, and whether it ensured employees were treated fairly and equitably. Additionally, the Commission needed to determine if the agreement complied with the requirements of the Fair Work Act, including the provisions for minimum entitlements, dispute resolution, and the right of employees to be free from adverse action. The Commission also had to consider the extent to which the agreement promoted flexibility in the workplace while ensuring that employees' rights and protections were maintained.

The Commission found that the agreement provided for the fair and efficient operation of the workplace and ensured that employees were treated fairly and equitably. The agreement included provisions for minimum entitlements, dispute resolution, and the right of employees to be free from adverse action. The Commission noted that the agreement promoted flexibility in the workplace while ensuring that employees' rights and protections were maintained. The Commission approved the agreement, stating that it met the requirements of the Fair Work Act and was in the best interests of the employees.

The Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 between the Construction, Forestry and Maritime Employees Union and SIX STAR CONSTRUCT PTY LTD. This decision ensures that the agreement will govern the terms and conditions of employment for subcontractors in the carpentry and joinery sectors within the construction industry for the next four years.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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