Advanced Sawing & Drilling Pty Ltd

Case [2025] FWCA 2301


[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

  1. 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.

  1. 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.

  1. 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.

  1. 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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Details
AGLC
Advanced Sawing & Drilling Pty Ltd [2025] FWCA 2301
Case
[2025] FWCA 2301
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the applicant, Advanced Sawing & Drilling Pty Ltd, sought approval of the Enterprise Agreement between themselves and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. The dispute arose from negotiations regarding the terms and conditions of employment for concrete sawing and drilling subcontractors within the company.

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

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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