Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/240)

STRESS FORCE POST TENSIONING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS POST-TENSIONING ENTERPRISE AGREEMENT 2024-2027

Manufacturing and associated industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the Stress Force Post Tensioning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Stress Force Post Tensioning Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Post-Tensioning 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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 19 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 case before the Fair Work Commission involved an application for the approval of a Subcontractors Post-Tensioning Enterprise Agreement between Stress Force Post Tensioning Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose from the negotiation process and the terms of the proposed agreement, which aimed to regulate the employment conditions of post-tensioning subcontractors in Victoria.

The legal issues the court had to address centred on whether the agreement met the statutory requirements under the Fair Work Act 2009, particularly whether it was a "better off overall test" agreement and whether it adhered to the procedural fairness standards. The court examined the negotiation process, the contents of the agreement, and whether it provided for a fair and reasonable outcome for the employees covered by the agreement.

The Fair Work Commission found that the agreement was appropriately negotiated and met the statutory requirements. It concluded that the agreement provided for a better off overall test, as it included provisions for wages, allowances, and conditions that were fair and reasonable. The court also determined that the negotiation process adhered to procedural fairness, as evidenced by the documentation and the involvement of the relevant parties. Consequently, the application for approval was granted.

The Fair Work Commission approved the Subcontractors Post-Tensioning Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement now sets the employment terms for post-tensioning subcontractors in Victoria, ensuring that they are fairly compensated and protected under the new terms.

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