Construction, Forestry and Maritime Employees Union

[2025] FWCA 3174

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3094)

GARRISON LOCKSMITHS 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, 19 SEPTEMBER 2025

Application for approval of the GARRISON LOCKSMITHS 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 GARRISON LOCKSMITHS 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 19 September 2025 and, in accordance with s.54 of the Act, will operate from 26 September 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

The matter before the Fair Work Commission involved an application for the approval of the Garrison Locksmiths Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027. The union and the employer had negotiated the agreement, which covered employees working as subcontractors in the carpentry and joinery trades for Garrison Locksmiths. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The legal issues the court needed to address were whether the agreement was a genuine enterprise agreement and whether it met the provisions and requirements outlined in the Fair Work Act. Specifically, the court had to determine if the agreement was negotiated in good faith, covered a genuine enterprise, and provided for a streamlined process for future negotiations and variations. Additionally, the court examined whether the agreement contained the minimum terms and conditions as stipulated by the Act and if it complied with the procedural requirements for approval.

In its decision, the Fair Work Commission found that the agreement was genuinely negotiated and covered a genuine enterprise. The agreement provided for a streamlined process for future negotiations and variations, ensuring that it was not overly prescriptive while still protecting the interests of the employees. The court also concluded that the agreement contained the minimum terms and conditions required by the Fair Work Act and complied with the procedural requirements for approval. Consequently, the Commission approved the agreement, acknowledging the efforts of both parties in reaching a fair and balanced outcome.

The final orders of the Fair Work Commission were that the Garrison Locksmiths Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024-2027 be approved and registered. The agreement was to come into effect from the date of the decision, and both parties were directed to take all necessary steps to give effect to the terms and conditions of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established