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[8]
austlii:cth/FWCA/2025/2989
General information, not legal advice.
FWCA
2025-09-04
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
BYRNE CONSTRUCTION SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024 - 2027
Application for approval of the Byrne Construction Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027
[1] An application has been made for approval of an enterprise agreement known as the Byrne Construction Systems Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Bricklaying Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Byrne Construction Systems Pty Ltd (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 28 August 2025.
[3] I note the Agreement was not lodged within 14 days after it was made as a result of representative error. In circumstances where the representative was responsible for lodgement of the application, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 21 August 2025.
[4] On 1 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a revised Form F17B and supporting material which resolved the pre-approval concerns identified.
[5] There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.
[6] 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 this organisation.
[7] I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
[8] The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.
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