Construction, Forestry and Maritime Employees Union

[2025] FWCA 538

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/272)

DORAN, TERRY WAYNE T/AS TRIWEST SCAFFOLDING SERVICES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONTRACT SCAFFOLDING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the DORAN, TERRY WAYNE T/AS TRIWEST SCAFFOLDING SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the DORAN, TERRY WAYNE T/AS TRIWEST SCAFFOLDING SERVICES and the CFMEU (Victorian Construction and General Division) Subcontractors Contract Scaffolding 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 15 January 2025 and the Agreement was made on 7 February 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 18 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, representing workers in the scaffolding industry, and Doran, Terry Wayne, trading as Triwest Scaffolding Services, have applied to the Fair Work Commission for the approval of the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027. The dispute before the Commission was whether the agreement contained provisions that met the requirements for approval under the Fair Work Act 2009. The legal issues before the Commission were whether the agreement met the prescribed criteria for approval, including that it provided for the appropriate minimum terms and conditions of employment, and did not unfairly discriminate against any person or class of persons.

The Commission considered the provisions of the agreement and found that it provided for the appropriate minimum terms and conditions of employment, including wages, hours of work, leave entitlements, and other employment-related matters. The Commission also found that the agreement did not unfairly discriminate against any person or class of persons, and that it met the other requirements for approval under the Fair Work Act. The Commission approved the agreement, subject to the making of minor technical corrections to correct typographical errors and ensure consistency with other provisions of the agreement.

The Commission approved the Subcontractors Contract Scaffolding Enterprise Agreement 2024-2027, subject to the making of minor technical corrections. The agreement will now apply to all subcontractors and their employees in the contract scaffolding industry in Victoria, and will provide them with the appropriate minimum terms and conditions of employment, as well as other benefits and protections. The approval of the agreement is an important step in ensuring that workers in the scaffolding industry are protected and that employers are able to operate in a fair and efficient manner.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established