Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 4

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4785)

SPECIFIC INSTALLATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 2 JANUARY 2025

Application for approval of the SPECIFIC INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the SPECIFIC INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 September 2024 and the Agreement was made on 21 November 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 9 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 matter of an application for approval of the Specific Installations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 – 2027, the Fair Work Commission was tasked with assessing the proposed agreement. The application was made by the employer, Specific Installations Pty Ltd, and the union, CFMEU, who sought to have the agreement recognised and approved under the Fair Work Act 2009. The Commission was required to determine whether the agreement met the necessary criteria for approval, including whether it provided for a fair and efficient workplace.

The primary legal issue the Commission had to resolve was whether the agreement provided for fair and efficient terms and conditions of employment. This involved assessing whether the agreement complied with the provisions of the Fair Work Act, including the requirements for good faith bargaining and the protection of employees' rights. The Commission also had to consider whether the agreement contained terms that were inconsistent with the National Employment Standards and whether it provided for adequate dispute resolution mechanisms.

The Fair Work Commission found that the agreement was compliant with the statutory requirements and met the criteria for approval. The Commission noted that the agreement provided for fair and efficient terms and conditions of employment, and that it contained appropriate mechanisms for resolving disputes. The Commission further found that the agreement did not contain any terms that were inconsistent with the National Employment Standards and that it provided for adequate protections for employees. Based on these findings, the Commission approved the proposed agreement.

The Fair Work Commission approved the Specific Installations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement is now recognised and binding on the parties, and it will govern the employment conditions of the employees covered by the agreement for the duration of its term. The Commission's decision provides certainty for both the employer and the employees and ensures that the agreement provides for fair and efficient workplace arrangements.

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