Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3263

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3223)

MASONRY PRO GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 OCTOBER 2025

Application for approval of the MASONRY PRO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MASONRY PRO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union sought approval for a Subcontractors Bricklaying Enterprise Agreement between MASONRY PRO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) for the period 2024 to 2027. The application was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary requirements for approval under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement contained all the necessary provisions as required by the Fair Work Act, including minimum entitlements, and whether it was free from any unfair provisions. Additionally, the court had to consider whether the agreement was made in good faith and whether it was in the best interests of the employees covered by the agreement.

The Fair Work Commission found that the agreement did indeed contain all the mandatory minimum entitlements and was free from unfair provisions. The court examined the process through which the agreement was made, noting that it was developed in good faith and that the process was fair and appropriate. The Commission was satisfied that the agreement was in the best interests of the employees and would provide them with fair and reasonable terms of employment. Consequently, the Commission approved the agreement.

The final orders of the Commission were that the Subcontractors Bricklaying Enterprise Agreement 2024 - 2027 between MASONRY PRO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) be approved as a registered agreement under the Fair Work Act 2009.

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