Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 502

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/174)

BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/AS MAYFAIR INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 FEBRUARY 2025

Application for approval of the BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/AS MAYFAIR INSTALLATIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BONETTO FAMILY TRUST (THE TRUSTEE FOR) T/AS MAYFAIR INSTALLATIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 the 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 17 February 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

The matter before the court was an application for the approval of a new enterprise agreement. The applicant, the Bonetto Family Trust trading as Mayfair Installations, sought approval for the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The Construction, Forestry, Maritime and Energy Union, acting as the employer's representative, did not oppose the application. The court had to determine whether the agreement met the criteria for approval as stipulated in the Fair Work Act 2009.

The primary legal issue was whether the proposed enterprise agreement complied with the statutory requirements of the Fair Work Act. This involved examining whether the agreement had been fairly negotiated and if it contained the necessary provisions for a lawful agreement. The court needed to ensure that the agreement was not contrary to public policy, did not discriminate against employees, and did not undermine the existing rights or entitlements of employees.

The court found that the proposed agreement was fairly negotiated and did not contravene any provisions of the Fair Work Act. It contained all the mandatory provisions as required by the legislation and did not include any terms that were contrary to public policy or discriminatory. The agreement also ensured that employees were not worse off in terms of their existing rights and entitlements. Based on these findings, the court approved the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027, confirming that it met all the necessary legal standards.

The court's final order was the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. This decision allowed the agreement to come into effect, providing a new framework for the employment terms and conditions of the workers involved. The approval signified that the agreement was in compliance with all statutory requirements and would serve as a binding contract between the employer and the employees 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