| [2025] FWCA 2301 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Advanced Sawing & Drilling Pty Ltd
(AG2025/2149)
ADVANCED SAWING & DRILLING PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 15 JULY 2025 |
Application for approval of the Advanced Sawing & Drilling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Advanced Sawing & Drilling Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (Agreement). The application was made by Advanced Sawing & Drilling 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 22 July 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Advanced Sawing & Drilling Pty Ltd [2025] FWCA 2301
- Case
- [2025] FWCA 2301
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement met the statutory requirements under the Fair Work Act 2009, including whether it provided for fair and reasonable terms, and if it complied with the procedural requirements for registration. Additionally, the Commission had to assess if the agreement appropriately balanced the interests of both the employer and the employees, ensuring it was not contrary to public policy.
The Commission examined the agreement in detail, considering the submissions from both parties. It found that the agreement provided for fair and reasonable terms, and adhered to the statutory requirements. The agreement was deemed to strike an appropriate balance between the employer's business needs and the employees' rights, and did not contravene any public policy considerations. Consequently, the Commission approved the agreement for registration.
The Fair Work Commission approved the Advanced Sawing & Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 for registration, effective from the date of the decision. This approval ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.
Orders
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Background
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Evidence
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Ratio Decidendi
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