Construction, Forestry and Maritime Employees Union

[2025] FWCA 540

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/255)

BRIDGECON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027. The application was made pursuant to s.185 of the Fair Work Act 2009. 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 21 December 2024 and the Agreement was made on 24 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 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 Construction, Forestry and Maritime Employees Union (CFMEU) and Bridgecon Pty Ltd applied to the Fair Work Commission (FWC) for approval of an enterprise agreement. The agreement, if approved, would apply to formwork subcontractors employed by Bridgecon in Victoria. The FWC was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Act, particularly sections concerning genuine bargaining, the provision of information, and the protection of employees’ rights.

The FWC considered whether the agreement was genuinely negotiated between the parties, as required by section 228 of the Fair Work Act. The court examined evidence of the negotiation process, including the exchange of draft agreements, the parties' conduct, and the extent of any input from employees. The FWC also assessed whether the agreement provided for the fair and efficient resolution of workplace issues, including terms related to pay and conditions, and whether it protected employees’ rights as mandated by section 233 of the Act. Finally, the FWC evaluated the provision of information to employees, ensuring they were adequately informed about the agreement and their rights under it.

After examining the evidence and submissions, the FWC concluded that the agreement was genuinely negotiated and met the statutory criteria for approval. The FWC found that the negotiation process was transparent and that the agreement provided for the fair and efficient resolution of workplace issues. The FWC also determined that the agreement adequately protected employees' rights and ensured they were informed about the terms of the agreement. Consequently, the FWC approved the enterprise agreement.

The FWC approved the BRIDGECON PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established