Construction, Forestry and Maritime Employees Union

[2025] FWCA 3287

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3253)

A1 IMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CLEANING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 29 SEPTEMBER 2025

Application for approval of the A1 IMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the A1 IMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 29 September 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the A1 IMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027. The dispute centred on whether the agreement complied with the necessary legal standards and provisions of the Fair Work Act 2009. The application was heard in the Fair Work Commission.

The court had to determine if the enterprise agreement met the criteria set out in the Fair Work Act, including whether it was a genuine agreement, if it provided for a fair and efficient workplace, and if it satisfied the "better off overall test" for employees. Additionally, the court examined if the agreement adequately covered essential terms and conditions of employment, such as wages, hours of work, and dispute resolution mechanisms.

After reviewing the agreement and considering the submissions from both parties, the court found that the A1 IMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Cleaning Enterprise Agreement 2024-2027 was indeed a genuine agreement. The court determined that the agreement was fair and efficient, and it met the "better off overall test" for the employees. The agreement was also found to provide for all essential terms and conditions of employment, including fair wages, reasonable working hours, and effective dispute resolution processes.

The court approved the enterprise agreement and made it a registered agreement under the Fair Work Act. The agreement was to be in effect from 1 April 2024 until 31 March 2027, providing a framework for fair and efficient employment practices between A1 IMS PTY LTD and the CFMEU during this period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established