Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 564

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/220)

INTRAFORM PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB, CHANNEL & PAVEMENT ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Intraform Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Intraform Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement 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 26 November 2024 and the Agreement was made on 29 January 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 20 February 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 Construction, Forestry and Maritime Employees Union (CFMEU) and Intraform Pty Ltd sought approval of the Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024-2027. The application was before the Fair Work Commission (FWC). The primary concern was whether the terms of the agreement were fair and reasonable and met the criteria for approval under the Fair Work Act 2009. The court had to consider if the agreement provided for adequate minimum rates of pay and conditions, and whether it was consistent with the National Employment Standards and other relevant laws.

The legal issues addressed by the court included whether the agreement adequately covered the essential aspects of employment, such as wages, hours of work, leave entitlements, and other conditions. The court also examined if the agreement provided for a process to address disputes and grievances. Furthermore, it had to ensure that the agreement was not contrary to public policy or the spirit of the Fair Work Act. The court assessed the bargaining process and whether both parties had genuinely engaged in good faith negotiations.

The FWC determined that the agreement was fair and reasonable, meeting all necessary criteria for approval. The court found that the agreement provided for minimum rates of pay and conditions that were at least equal to or better than the relevant industry awards. It also found that the agreement contained provisions for leave entitlements, dispute resolution processes, and other employment conditions that were consistent with the law. The court was satisfied that the bargaining process was genuine and that both parties had engaged in good faith. Therefore, the application for approval was granted.

The FWC approved the Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was deemed to provide for fair and reasonable terms and conditions of employment for the relevant employees. The decision was made in accordance with the provisions of the Fair Work Act and the relevant industrial instruments.

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