Construction, Forestry and Maritime Employees Union, Grace Ff&E Installations Pty Ltd Summary

[2025] FWCA 2182

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union, Grace Ff&E Installations Pty Ltd

(AG2025/1957)

GRACE FF&E INSTALLATIONS 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 MASSON	MELBOURNE, 4 JULY 2025

Application for approval of the GRACE FF&E INSTALLATIONS 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 GRACE FF&E INSTALLATIONS 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 27 May 2025 and the Agreement was made on 18 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 11 July 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 applicants, Construction, Forestry and Maritime Employees Union (CFMEU) and Grace Ff&E Installations Pty Ltd, applied to the Fair Work Commission for approval of the GRACE FF&E INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The agreement was submitted following a dispute in the carpentry and joinery industry sector in Victoria, and the Commission was required to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The legal issues before the Fair Work Commission centred on whether the agreement fulfilled the criteria for approval under section 233 of the Fair Work Act. These criteria include whether the agreement covered a relevant bargaining unit, provided for the resolution of disputes, and included terms and conditions that did not undermine the safety net of minimum entitlements or adversely affect the operational capacity of the business. The Commission also had to consider if the agreement met the genuine agreement test, ensuring it was not made under duress or as a result of employer coercion.

In its decision, the Fair Work Commission found that the GRACE FF&E INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 satisfied the statutory requirements for approval. The Commission confirmed that the agreement was genuinely negotiated and covered a relevant bargaining unit. It included terms and conditions that did not undermine the safety net of minimum entitlements and adequately provided for the resolution of disputes. The Commission concluded that the agreement was in the best interests of the employees and the employer and was therefore approved.

Accordingly, the Fair Work Commission approved the GRACE FF&E INSTALLATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. This decision was made under section 233 of the Fair Work Act 2009, and the agreement is now registered and enforceable.

Construction, Forestry and Maritime Employees Union, Grace Ff&E Installations Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established