Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 546

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/239)

ROXX INDUSTRIAL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 FEBRUARY 2025

Application for approval of the Roxx Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Roxx Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 11 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of the Construction, Forestry and Maritime Employees Union, the Australian Industrial Relations Commission was tasked with considering an application for the approval of the Roxx Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026. The dispute at hand was centered around the negotiation and terms of this enterprise agreement, which governs the employment conditions of workers engaged in labour hire arrangements within the construction industry in Victoria.

The primary legal issues before the Court were whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009, including compliance with the "better off overall test" and whether the agreement had been genuinely bargained. Additionally, the Court had to determine if the agreement adequately protected the rights and interests of the employees and employers involved, and if the necessary procedures for the negotiation and execution of the agreement had been followed correctly.

The Court examined the evidence presented by both parties and found that the agreement had been genuinely negotiated and contained terms that were fair and reasonable. It concluded that the agreement satisfied the better off overall test as it provided a balance of benefits and detriments that was more favourable than the applicable award or registered agreement. The Court also noted that the agreement included provisions that adequately protected the rights and interests of both employees and employers, and that all necessary procedures had been adhered to. Based on these findings, the Court approved the enterprise agreement.

The Court's final orders were that the Roxx Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Enterprise Agreement 2024-2026 be approved and registered under the Fair Work Act 2009. This decision ensures that the agreement will govern the employment conditions of workers engaged in labour hire arrangements within the construction industry in Victoria for the specified period.

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