| [2025] FWCA 3189 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3127)
TEOKON 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 BELL | MELBOURNE, 22 SEPTEMBER 2025 |
Application for approval of the TEOKON 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 TEOKON 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.
Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.
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. In accordance with s.201(2) I note that the Agreement covers the organisation.
The Agreement was approved on 22 September 2025 and, in accordance with s.54 of the Act, will operate from 29 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530528 PR791949>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3189
- Case
- [2025] FWCA 3189
- Decision Date
CaseChat Overview and Summary
The Fair Work Commission was tasked with determining whether the proposed enterprise agreement was in the public interest, taking into account various factors such as the bargaining power of the parties, the terms and conditions of employment, and the impact on employees. A critical issue was whether the agreement provided a fair and equitable set of terms for the employees, considering the specific nature of subcontractor employment and the dynamics of the carpentry and joinery industries.
In its decision, the Commission examined the negotiation process, the fairness of the terms, and the overall benefits and detriments to the employees. The Commission noted that the agreement included provisions for wages, hours of work, leave entitlements, and other conditions of employment that were deemed to be reasonable and in the public interest. The Commission found that the agreement provided adequate protections for the employees and balanced the interests of both the employer and the union. Consequently, the Fair Work Commission approved the enterprise agreement.
The Commission's approval of the agreement was based on its determination that the terms and conditions set out in the document were fair and reasonable, and that the agreement was likely to promote the objectives of the Fair Work Act. The Commission also noted that the agreement had been negotiated in good faith and that it met the criteria for approval under the Act.
Orders
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Background
Background to the litigation
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Evidence
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Decision
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Ratio Decidendi
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