Mount View Constructions Pty Ltd Summary

[2025] FWCA 3341

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Mount View Constructions Pty Ltd

(AG2025/3236)

MOUNT VIEW CONSTRUCTIONS 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, 7 OCTOBER 2025

Application for approval of the Mount View Constructions 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 Mount View Constructions 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 Mount View Constructions Pty Ltd. 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 12 August 2025 and the Agreement was made on 11 September 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 14 October 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

In the matter of the Fair Work Commission, Mount View Constructions Pty Ltd, an applicant, sought approval for the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 with the CFMEU (Victorian Construction and General Division). The dispute centred on whether the agreement met the legal standards for approval under the Fair Work Act 2009, including compliance with the good faith bargaining requirements and the provisions for fair and reasonable terms and conditions of employment. The case was heard in the Fair Work Commission, with the parties presenting their arguments and evidence to support their respective positions.

The central legal issues for the Commission to resolve were whether the agreement was genuinely negotiated in good faith, whether it included fair and reasonable terms and conditions of employment, and whether the process leading to the agreement's creation was compliant with the statutory requirements. The Commission needed to consider submissions from both parties, including evidence of bargaining conduct, the content of the agreement, and whether any terms were unfair.

The Fair Work Commission found that the agreement had been negotiated in good faith and contained terms and conditions that were fair and reasonable. The Commission took into account the extensive evidence of negotiations, the nature of the terms, and the absence of any significant objections from either party regarding the process. The Commission concluded that the agreement met all the legal criteria for approval. The Commission's decision was based on a comprehensive analysis of the evidence presented and the applicable legal standards.

As a result, the Fair Work Commission approved the Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027 between Mount View Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division). The decision confirmed that the agreement would now serve as the basis for the employment terms and conditions between the parties for the specified period.

Mount View Constructions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established