Construction, Forestry and Maritime Employees Union

[2025] FWCA 3284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3195)

RAPID PASSIVE FIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 29 SEPTEMBER 2025

Application for approval of the RAPID PASSIVE FIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 29 September 2025 and, in accordance with s.54 of the Act, will operate from 6 October 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 matter before the court involved an application to approve an enterprise agreement between RAPID PASSIVE FIRE PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Passive Fire Enterprise Agreement 2024-2027. The application was made under the Fair Work Act 2009, seeking the court's approval for the agreement which was intended to govern the terms and conditions of employment for employees of RAPID PASSIVE FIRE PTY LTD.

The primary legal issue the court had to address was whether the agreement met the statutory requirements set out in the Fair Work Act 2009, specifically whether it was a "simple" agreement, as defined by the legislation. The court was required to determine if the agreement contained only terms and conditions that could be fairly described as "simple" and if it complied with all the necessary provisions and procedural requirements of the Act.

In reaching its decision, the court examined the contents of the agreement and found that it did indeed meet the criteria for a simple agreement. The court was satisfied that the agreement contained only terms and conditions that were straightforward and did not involve complex or contentious issues. Furthermore, the court noted that all procedural requirements for the making and approval of the agreement had been properly followed. Consequently, the court approved the agreement, confirming its compliance with the statutory framework.

As a result of the court's approval, the Subcontractors Passive Fire Enterprise Agreement 2024-2027 was officially recognised and binding on the parties involved. The agreement now serves as the governing document for the terms and conditions of employment for employees of RAPID PASSIVE FIRE PTY LTD, as per the provisions outlined in the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established