Pfs Group (Vic) Pty Ltd Summary

[2025] FWCA 2957

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Pfs Group (Vic) Pty Ltd

(AG2025/2859)

PFS GROUP (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PASSIVE FIRE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 2 SEPTEMBER 2025

Application for approval of the PFS Group (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the the PFS Group (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Passive Fire Enterprise Agreement 2024 - 2027 (Agreement). The application was made by Pfs Group (Vic) Pty Ltd Trading As Pfs Group (Vic) Pty Ltd (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 9 September 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

The applicants, PFS Group (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division), sought approval of the Subcontractors Passive Fire Enterprise Agreement 2024 - 2027. The application was heard by the Fair Work Commission, presided over by Commissioner R A Keddie. The primary issue before the Commission was whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was in the public interest, provided adequate protections for employees, and was fair and reasonable.

The Commission considered various factors in its assessment, including the nature of the agreement, the bargaining process, and the impact on employees. The applicants presented evidence demonstrating that the agreement was the result of genuine and fair negotiations between the parties. The Commission found that the agreement was comprehensive, providing clear terms and conditions for employees, including provisions for pay rates, hours of work, and other employment matters. Furthermore, the Commission determined that the agreement was in the public interest, as it promoted fair and efficient industrial relations practices within the industry.

Upon reviewing all the evidence and arguments, the Commission approved the Subcontractors Passive Fire Enterprise Agreement 2024 - 2027. The decision was based on the conclusion that the agreement was fair and reasonable, provided adequate protections for employees, and was in the public interest. The Commission emphasised the importance of such agreements in promoting stability and fairness within the industry. The approval of the agreement ensures that the terms and conditions of employment for subcontractors in the passive fire sector are regulated and protected, fostering a harmonious working environment for all parties involved.

Pfs Group (Vic) Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established