Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 432


[2025] FWCA 432

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/158)

A LINE INSTALLATIONS PTY LTD ATF THE A LINE INSTALLATIONS UNIT TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 4 FEBRUARY 2025

Application for approval of the A Line Installations Pty Ltd ATF the A Line Installations Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the A Line Installations Pty Ltd ATF the A Line Installations Unit Trust 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 Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. 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

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 432
Case
[2025] FWCA 432
Decision Date

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned an application for the approval of the A Line Installations Pty Ltd ATF the A Line Installations Unit Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues the Commission addressed were whether the agreement complied with the provisions of the Fair Work Act, specifically focusing on the agreement's fairness, whether it was genuinely bargained between the parties, and if it covered all required terms and conditions of employment. Additionally, the Commission examined whether the agreement contained any provisions that could be deemed unreasonable.

The Commission found that the agreement met the statutory requirements for approval. It was determined that the agreement was fairly and genuinely negotiated between the parties and covered all necessary terms and conditions of employment. The Commission also found that the agreement did not contain any unreasonable provisions. Consequently, the Commission approved the agreement, stating that it would contribute positively to the industrial relations system by providing a framework for fair and effective workplace relations.

The Fair Work Commission approved the A Line Installations Pty Ltd ATF the A Line Installations Unit Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The decision was made on the basis that the agreement was fairly and genuinely negotiated, covered all necessary terms and conditions of employment, and did not contain any unreasonable provisions. The Commission's approval is effective from the date of the decision and will remain in force until the expiration of the agreement on 31 December 2027.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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