Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3227)

BULL GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLADDING & FACADE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 OCTOBER 2025

Application for approval of the BULL GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BULL GROUP AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cladding & Facade 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 1 October 2025 and, in accordance with s.54 of the Act, will operate from 8 October 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 this case, the Construction, Forestry and Maritime Employees Union (CFMEU) and Bull Group Australia Pty Ltd sought approval for the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027. The application was made to the Fair Work Commission (FWC) under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed enterprise agreement complied with the statutory requirements and was in the interests of the employees and employers.

The FWC examined the agreement's compliance with the relevant sections of the Fair Work Act. This included ensuring that the agreement met the criteria for approval, such as being in writing, setting out the terms and conditions of employment, and not discriminating against any person. The FWC also assessed whether the agreement provided for fair and reasonable terms and conditions, taking into account the principles of the Act. Furthermore, the FWC considered the balance of power between the parties and whether the agreement facilitated a cooperative and productive workplace.

The FWC found that the agreement complied with the statutory requirements and was in the interests of the employees and employers. The agreement was deemed to provide fair and reasonable terms and conditions of employment, facilitating a cooperative and productive workplace. The FWC noted that the parties had engaged in good faith negotiations and had reached a consensus on the terms of the agreement. Consequently, the FWC approved the Subcontractors Cladding & Facade Enterprise Agreement 2024-2027, making it a legally binding agreement between the parties.

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