Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 25

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5193)

BUILT ENVIRONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JANUARY 2025

Application for approval of the Built Environs Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Built Environs Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder 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 the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 June 2024 and the Agreement was made on 12 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 10 January 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and Built Environs Pty Ltd jointly applied for the approval of the Builder Enterprise Agreement 2024-2027. This application was made under the Fair Work Act 2009, and the Commission was tasked with determining whether the agreement met the criteria for registration. The agreement sought to regulate the terms and conditions of employment for builders within the specified period.

The primary legal issues before the Commission were whether the agreement provided for the pay and conditions of employees fairly, and whether the agreement complied with the relevant provisions of the Fair Work Act. Key considerations included the fairness of the terms and conditions, the processes by which the agreement was made, and whether there was adequate representation of the employees involved. The Commission also had to ensure that the agreement did not undermine the existing industrial awards and that it did not contain any provisions that were contrary to the public interest.

After examining the evidence and submissions presented by both parties, the Commission found that the agreement met the necessary criteria for approval. The terms and conditions of employment were deemed fair, and the processes by which the agreement was made were transparent and inclusive. The Commission was satisfied that the agreement did not undermine existing industrial awards and that it did not contain any provisions that were contrary to the public interest. Consequently, the application for approval of the Builder Enterprise Agreement 2024-2027 was approved.

The Fair Work Commission approved the Built Environs Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027. This decision was made effective from the date of the Commission's decision, and the agreement will now govern the terms and conditions of employment for builders within the specified period.

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