Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 27

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5172)

ARDREAGH FORMWORK 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, 3 JANUARY 2025

Application for approval of the ARDREAGH FORMWORK 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 ARDREAGH FORMWORK 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 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 4 July 2024 and the Agreement was made on 6 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

The matter involved an application for the approval of an enterprise agreement between Ardreagh Formwork Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made to the Fair Work Commission. The crux of the dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring it met the provisions for genuine bargaining, the inclusion of minimum entitlements, and other regulatory standards.

The Fair Work Commission was tasked with determining whether the agreement was genuinely bargained, met the minimum entitlements outlined in the Fair Work Act, and adhered to the procedural fairness and good faith requirements. The Commission also needed to consider the implications of the agreement on the employees' rights and the employer's obligations. Additionally, the Commission examined whether the agreement appropriately balanced the needs and interests of both parties, ensuring no undue disadvantage to either side.

After thorough examination, the Fair Work Commission found that the proposed agreement met all necessary legal standards. The Commission confirmed that the agreement was the product of genuine bargaining and did not disadvantage any party. It was determined that the agreement appropriately reflected the minimum entitlements required by law and was fair and reasonable. Consequently, the Fair Work Commission approved the Ardreagh Formwork Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. This approval ensures the agreement will provide a stable and equitable framework for employment conditions 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