Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 422

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/159)

RAF CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 4 FEBRUARY 2025

Application for approval of the RAF CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RAF CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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 11 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 parties involved in this case were the Construction, Forestry and Maritime Employees Union (CFMEU) and RAF Civil Pty Ltd, who sought approval for their Subcontractors Formwork Enterprise Agreement 2024-2027. The application for approval was made to the Fair Work Commission (FWC), which has the authority to approve such agreements under the Fair Work Act 2009. The nature of the dispute centred around the terms and conditions of employment stipulated in the proposed enterprise agreement and whether it met the necessary requirements for approval.

The legal issues that the FWC was required to determine included whether the proposed agreement provided for fair and reasonable terms and conditions of employment, if it contained any unfair provisions that would disadvantage employees, and whether it complied with the Fair Work Act's provisions. Additionally, the FWC had to consider the agreement's adherence to the "better off overall test" and whether it met the standards of good faith bargaining. The FWC was also required to consider any submissions made by relevant stakeholders, including any objections raised by employees or employer representatives.

The FWC examined the proposed agreement in detail, considering the submissions made by both parties. The tribunal assessed the agreement's provisions against the statutory requirements outlined in the Fair Work Act and relevant regulations. The FWC found that the agreement provided for fair and reasonable terms and conditions of employment and did not contain any unfair provisions that would disadvantage employees. The tribunal also found that the agreement met the "better off overall test" and adhered to the standards of good faith bargaining. The FWC was satisfied that the proposed agreement met all the necessary requirements for approval.

Consequently, the FWC approved the RAF Civil Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from 1 April 2024. The agreement now governs the terms and conditions of employment for subcontractors in the formwork industry within the specified period. The approval ensures that the agreement provides fair and reasonable terms for employees and complies with the Fair Work Act and relevant regulations.

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