Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 343

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/154)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 29 JANUARY 2025

Application for approval of the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 29 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case of Construction, Forestry and Maritime Employees Union, the applicant sought approval for the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. This application was made under the Fair Work Act 2009, which governs the process of approving enterprise agreements in Australia. The respondent to the application was the Fair Work Commission, tasked with assessing whether the agreement met the statutory criteria for approval.

The primary legal issues before the court were whether the agreement complied with the requirements of the Fair Work Act, including provisions on good faith bargaining, coverage of the agreement, and the inclusion of appropriate terms and conditions. The court needed to determine if the agreement was genuinely negotiated and if it met the criteria for registration, such as providing a safety net for employees and not undermining public policy.

The court examined the evidence presented by both parties and considered the negotiation process outlined in the application. The agreement was found to have been negotiated in good faith, with appropriate representation from both the employer and the union. The court also confirmed that the terms of the agreement were fair and did not undermine public policy or fail to provide a safety net for employees. Based on these findings, the court approved the agreement, allowing it to be registered and enforceable under the Fair Work Act.

The final orders of the court were to approve the Premier Civil Structures Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. The agreement was to be registered and could be applied to the employees of Premier Civil Structures Pty Ltd and other covered entities as specified in the agreement. The court’s decision provided clarity and certainty for the parties involved, ensuring the agreement would be enforceable and beneficial for both employers and employees.

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