Forza Group Assets Pty Ltd

[2025] FWCA 1553 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Forza Group Assets Pty Ltd

(AG2025/1310)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 MAY 2025

Application for approval of the Forza Group Assets 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 Forza Group Assets Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the employer, Forza Group Assets Pty Ltd. 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 Construction, Forestry and Maritime Employees Union (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 9 May 2025 and, in accordance with s.54 of the Act, will operate from 20 May 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 case before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Forza Group Assets Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027. The dispute arose from disagreements over the terms and conditions of the proposed agreement, particularly focusing on the fairness and appropriateness of the provisions regarding wages, working hours, and other employment-related matters. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The primary legal issues the Commission had to address were whether the proposed enterprise agreement was a genuine agreement reached through a proper bargaining process and whether it complied with the requirements of the Fair Work Act, including the 'better off overall test'. The Commission also needed to assess whether the agreement included terms that were reasonably necessary for the efficient and effective operation of the enterprise and whether it met the standards of procedural fairness. Additionally, the Commission examined the impact of the proposed agreement on the employees' rights and entitlements, ensuring that the agreement did not unfairly disadvantage any party.

In deliberating on these issues, the Commission examined the evidence provided by both parties and considered the submissions made during the hearing. The Commission found that the agreement was genuinely negotiated between the parties and that it contained terms that were reasonably necessary for the efficient and effective operation of the enterprise. The Commission also concluded that the agreement met the better off overall test, ensuring that no employee would be worse off and at least some employees would be better off financially. The Commission further determined that the agreement was procedurally fair and did not unfairly disadvantage any party, thereby satisfying the requirements of the Fair Work Act.

Accordingly, the Commission approved the Forza Group Assets Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027, effective from the date of the decision. The approval ensures that the terms of the agreement will govern the employment conditions of the employees within the specified period, providing a legally binding framework for their rights and obligations.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established