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[8]
austlii:cth/FWCA/2025/3538
General information, not legal advice.
FWCA
2025-10-23
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
LAWLER BRICKLAYING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS BRICKLAYING ENTERPRISE AGREEMENT 2024-2027
Application for approval of the LAWLER BRICKLAYING 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 the LAWLER BRICKLAYING 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 the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 17 October 2025.
[3] On 20 October 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 supporting material which resolved the pre-approval concerns identified.
[4] Despite the Notice of Employee Representational Rights (NERR) not being issued in its prescribed form as required by s174(1A) of the Act, I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.
[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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