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[8]
austlii:cth/FWCA/2025/4118
General information, not legal advice.
FWCA
2025-12-04
Original judgment source is linked above.
s.185 - Enterprise agreement
Construction, Forestry and Maritime Employees Union
ELEMENT INSTALLS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027
Application for approval of the ELEMENT INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027.
[1] An application has been made for approval of an enterprise agreement known as the ELEMENT INSTALLS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery 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 Construction, Forestry and Maritime Employees Union (the Applicant). The Agreement is a single enterprise agreement.
[2] The matter was allocated to my Chambers on 26 November 2025.
[3] On 27 November 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 statutory declaration of Aaron Hammond which resolved the pre-approval concerns identified.
[4] There were concerns about discrepancies between the Delegates Rights' clauses contained in the Agreement in contrast with the Award, however, I note that the Agreement is read in conjunction with clause 36A of the Building and Construction General On-site Award 2020, which has the result of remedying any defect.
[5] I am satisfied that each requirement of ss.186, 187 and 188 as are relevant to this application for approval have been met.
[6] The Construction, Forestry and Maritime Employees Union (CFMEU), being a bargaining representative for the Agreement, lodged a Form F18 statutory declaration giving 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 the Agreement covers the CFMEU.
[7] 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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