Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 562

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/279)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 13 FEBRUARY 2025

Application for approval of the Industry Roofing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Industry Roofing 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 13 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for approval of a proposed enterprise agreement between Industry Roofing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, was brought before the court to determine its compliance with relevant industrial laws and to ensure it was in the best interests of the employees it covers. The application was lodged under the Fair Work Act 2009, and the decision was made by the Fair Work Commission.

The primary legal issues the court had to address were whether the proposed agreement complied with the requirements of the Fair Work Act, and whether it was fair and appropriate in all its terms. This involved an examination of the agreement's provisions, its alignment with the broader objectives of the Act, and its fairness to the employees it affects. The court also considered whether the agreement had been negotiated in good faith and whether it contained the necessary provisions for dispute resolution and the protection of employee rights.

In reaching its decision, the court thoroughly reviewed the terms of the proposed agreement, taking into account submissions from both parties. It found that the agreement met all the statutory requirements and was fair and appropriate. The court emphasised the importance of the agreement's provisions for employee protection, including provisions for wages, working conditions, and dispute resolution mechanisms. It concluded that the agreement was in the best interests of the employees and approved the application for the agreement's registration.

The court's final order was the approval of the Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would govern the employment conditions for the employees of Industry Roofing Pty Ltd covered by the agreement.

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