Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5235)

RICAN CONSTRUCTION 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, 2 JANUARY 2025

Application for approval of the RICAN CONSTRUCTION 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 RICAN CONSTRUCTION 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 2 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of a Subcontractors Formwork Enterprise Agreement between the Construction, Forestry and Maritime Employees Union and RICAN Construction Pty Ltd for the period 2024 to 2027. The Union sought approval under the Fair Work Act 2009, which requires that enterprise agreements be free from prohibited content, provide for a streamlined process, and meet the better off overall test.

The legal issues the court needed to address were whether the agreement complied with the legislative requirements and whether it met the better off overall test. Specifically, the court had to determine if the agreement contained any prohibited content, if it adhered to the streamlined process, and if it provided employees with a better overall position than if they were not covered by the agreement.

The Fair Work Commission found that the agreement was free from prohibited content and complied with the streamlined process requirements. The court examined the better off overall test by considering factors such as wages, conditions, and employee benefits. The Commission concluded that the agreement would provide employees with a better overall position, taking into account the need for flexibility in the industry and the benefits provided to employees. The agreement was thus approved as meeting the necessary legislative standards.

The final orders of the Commission were that the Subcontractors Formwork Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. The agreement would now be in effect, providing the agreed terms and conditions to employees covered by the agreement.

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