Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3261

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3145)

WDC CONSTRUCTION ENTERPRISE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 SEPTEMBER 2025

Application for approval of the WDC CONSTRUCTION ENTERPRISE 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 WDC CONSTRUCTION ENTERPRISE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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) applied for approval of a proposed enterprise agreement between WDC Construction Enterprise Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The CFMEU argued that the agreement was appropriate for registration under the Fair Work Act 2009. The main legal issue before the commission was whether the proposed agreement satisfied the requirements for registration under the Fair Work Act. This involved assessing whether the agreement was a "bargained agreement" and if it met the "better off overall test" and the "no disadvantage test".

The commission considered whether the agreement was genuinely negotiated between the parties and whether it covered the necessary minimum terms and conditions. It also examined if the agreement provided employees with a better outcome than their previous conditions or the applicable award and if it did not place employees at a disadvantage compared to non-union employees. The commission found that the agreement was appropriately negotiated and met all statutory requirements, including providing employees with a better outcome overall and not disadvantaging them relative to non-union employees. The proposed agreement included provisions on wages, hours of work, leave, and other employment conditions that were deemed fair and reasonable.

Consequently, the Fair Work Commission approved the registration of the proposed enterprise agreement. This decision confirms that the agreement will now govern the employment terms and conditions for the employees of WDC Construction Enterprise Pty Ltd under the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027.

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