Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 582

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/244)

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

Building services
COMMISSIONER PLATT	BRISBANE, 13 FEBRUARY 2025

Application for approval of the Prostar Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 Application for approval of the Prostar Construction Pty Ltd 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 Prostar Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 February 2025.

On 10 February 2025, I conducted a telephone conference with the parties to seek clarification about the provision of the NERR for the Agreement and invited the Applicant to address these matters. The Applicant did not attend.

There was a concern about the distribution of the NERR however upon having reviewed the Statutory Declaration of Hamad Alloush I am satisfied that it was distributed to the employees proposed to be covered by the agreement by hand on 13 August 2024.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between Prostar Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The union argued that the proposed agreement should be certified as it met the criteria under the Fair Work Act 2009. The dispute centred around the fairness and validity of the agreement's terms, specifically in relation to employee entitlements, working conditions, and dispute resolution mechanisms.

The primary legal issues before the Commission were whether the agreement was made in the course of the parties' mutual co-operation, and whether the agreement was fair and appropriate. The Commission had to determine if the agreement complied with the relevant legislative requirements and whether it was made without any improper influence or coercion. Additionally, the Commission assessed whether the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement.

The Commission found that the agreement was made in the course of mutual co-operation and was fair and appropriate. The union presented evidence demonstrating that the agreement was negotiated in good faith and without coercion. Furthermore, the Commission was satisfied that the agreement contained terms and conditions that were fair and reasonable for the employees. The Commission approved the agreement, noting the union's commitment to ensuring that the employees' interests were adequately represented and protected.

The Fair Work Commission approved the Prostar Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The Commission determined that the agreement met the necessary criteria under the Fair Work Act 2009 and was fair and appropriate. The decision provides clarity and certainty for both parties and the employees covered by the agreement, ensuring that the terms and conditions of employment are adequately protected.

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