The Trustee For Broz Family Trust T/A Broz Contracting

[2025] FWCA 2797

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

The Trustee For Broz Family Trust T/A Broz Contracting

(AG2025/2633)

BROZ FAMILY TRUST (THE TRUSTEE FOR) T/AS BROZ CONTRACTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 21 AUGUST 2025

Application for approval of the BROZ FAMILY TRUST (THE TRUSTEE FOR) T/As BROZ CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractor Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BROZ FAMILY TRUST (THE TRUSTEE FOR) T/As BROZ CONTRACTING and the CFMEU (Victorian Construction and General Division) Subcontractor 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 Trustee For Broz Family Trust T/A Broz Contracting. 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 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 28 August 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 matter before the court involved an application for the approval of the Broz Family Trust, trading as Broz Contracting, and the CFMEU (Victorian Construction and General Division) Subcontractor Enterprise Agreement 2024-2027. The dispute arose from the need for formal approval of the agreement by the Fair Work Commission, which was sought by both the employer and the union involved. The court was required to assess the terms and implications of the agreement, ensuring they met the necessary standards for approval under the Fair Work Act.

The primary legal issue before the court was whether the terms and conditions outlined in the agreement were fair and reasonable, and whether they complied with the statutory requirements set forth in the Fair Work Act. The court needed to determine if the agreement met the criteria for approval, including whether it provided for fair and reasonable terms, and whether it adhered to the principles of good faith bargaining and industrial conciliation and arbitration. Additionally, the court considered whether the agreement provided adequate protection for the rights and interests of the employees involved.

In reaching its decision, the court thoroughly examined the terms of the agreement and considered submissions from both parties. The court found that the agreement contained fair and reasonable terms that were the product of good faith bargaining. It was determined that the agreement met all statutory requirements for approval and provided adequate protection for the rights and interests of the employees. The court approved the agreement, thereby ensuring that the terms would be legally binding and enforceable.

As a result of the court's decision, the CFMEU (Victorian Construction and General Division) Subcontractor Enterprise Agreement 2024-2027 was formally approved. This approval ensures that the agreement will be legally binding on the parties involved and will govern the terms of employment for the employees covered by the agreement for the specified period. The court's decision provides certainty and clarity for both the employer and the union, as well as for the employees who will be subject to the terms of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established