Oceania Universal Unit Trust (The Trustee For) Trading AS Oceania Universal Pty Ltd

[2025] FWCA 1284

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Oceania Universal Unit Trust (The Trustee For) Trading AS Oceania Universal Pty Ltd

(AG2025/984)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2025

Application for approval of the Oceania Universal 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 Oceania Universal 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). It has been made by Oceania Universal Unit Trust (The Trustee For) Trading AS Oceania Universal Pty Ltd. The Agreement is a single enterprise agreement.

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 application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 24 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this case, the applicant, Oceania Universal Unit Trust, trading as Oceania Universal Pty Ltd, sought approval of the Oceania Universal Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The CFMEU contested the application on the basis that the proposed agreement did not provide adequate protections for employees, particularly in relation to superannuation. The matter was heard in the Fair Work Commission.

The central legal issue before the Commission was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, particularly in ensuring that employees received adequate and secure superannuation benefits. The Commission had to determine if the agreement met the "better off overall test" and if it provided fair and reasonable terms for the employees.

After examining the submissions from both parties and reviewing the proposed agreement, the Commission found that the agreement did not adequately protect employees' superannuation entitlements. The Commission concluded that the proposed agreement failed to meet the "better off overall test" as it did not provide employees with a secure and adequate superannuation benefit. As a result, the application for approval was dismissed.

The Commission's decision resulted in the application for approval of the enterprise agreement being dismissed. The agreement was not accepted as it did not adequately protect employees' superannuation entitlements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established