Construction, Forestry and Maritime Employees Union

[2025] FWC 1850

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1857)

ALL CONTRACTING SERVICES VIC PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2025

Application for approval of the ALL CONTRACTING SERVICES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ALL CONTRACTING SERVICES VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring 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.

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 7 July 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

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and ALL CONTRACTING SERVICES VIC PTY LTD. The dispute pertains to the application for approval of a specific enterprise agreement, namely the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027. This matter was heard and determined by the Fair Work Commission.

The legal issues before the Commission revolved around whether the proposed enterprise agreement met the criteria for approval as set out in the Fair Work Act 2009. Specifically, the Commission needed to ascertain whether the agreement provided for fair and reasonable terms and conditions, was free from any improper influence or interference, and was appropriately certified by the relevant union. The central point of contention was whether the agreement sufficiently catered to the interests of both the employees and the employer, ensuring a balance that adhered to the statutory requirements.

In reaching its decision, the Commission meticulously reviewed the contents of the agreement, considering the submissions made by both parties. The Commission found that the agreement was fair and reasonable, taking into account the interests of both employees and the employer. The agreement was deemed to be appropriately certified by the union and was free from any improper influence or interference. Consequently, the Commission approved the enterprise agreement, highlighting its compliance with the relevant legislative framework and its balanced consideration of the parties' interests.

The Fair Work Commission's final orders included the approval of the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027. This decision ensures that the terms and conditions set forth in the agreement are legally binding and enforceable, providing a framework for the employment relationship between ALL CONTRACTING SERVICES VIC PTY LTD and its employees represented by the CFMEU.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established