Construction, Forestry and Maritime Employees Union

[2025] FWCA 3165

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3014)

FORTIS CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 19 SEPTEMBER 2025

Application for approval of the FORTIS CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the FORTIS CONSTRUCTION PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 September 2025.

On 12 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Cameron Wright and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for approval of the Fortis Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The Union sought to have the agreement approved under the Fair Work Act 2009, and Fortis Construction Pty Ltd was the employer party to the agreement. The dispute centred on whether the agreement met the statutory requirements for approval, particularly in terms of its coverage, the parties' representation, and its alignment with the principles of the Act.

The central legal issues before the Commission involved determining whether the agreement was made in good faith and whether it provided for fair and reasonable terms and conditions. The Commission needed to assess the coverage of the agreement, ensuring it was limited to the parties involved, and that the Union genuinely represented the employees. Additionally, the Commission had to consider whether the agreement complied with the Fair Work Act's requirement for fair and reasonable terms and conditions and whether it provided for the protection of employees' rights and interests.

The Commission found that the agreement was made in good faith, and the Union genuinely represented the employees. The coverage of the agreement was appropriately limited to the parties involved, and the terms and conditions were fair and reasonable. The agreement provided for the protection of employees' rights and interests and aligned with the principles of the Fair Work Act. The Commission approved the Fortis Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established