All City Sawing & Drilling Vic Pty Ltd

[2025] FWCA 2830

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

All City Sawing & Drilling Vic Pty Ltd

(AG2025/2700)

ALL CITY SAWING & DRILLING (VIC) 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, 25 AUGUST 2025

Application for approval of the All City Sawing & Drilling (Vic) 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 All City Sawing & Drilling (Vic) 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 All City Sawing & Drilling Vic 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 1 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

All City Sawing & Drilling Vic Pty Ltd has applied to the Fair Work Commission for approval of the All City Sawing & Drilling (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The CFMEU, being a bargaining representative for the Agreement, has given notice under section 183 of the Fair Work Act 2009 that it wants the Agreement to cover it. The application was made by All City Sawing & Drilling Vic Pty Ltd pursuant to section 185 of the Fair Work Act 2009. The Agreement is a single enterprise agreement.

The Commission was required to consider whether the Agreement met the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 as they are relevant to the application for approval of the Agreement. In particular, the Commission was required to consider whether the Agreement had been made in good faith and whether it was free from coercion and undue influence. The Commission was also required to consider whether the Agreement contained the minimum terms and conditions of employment required by the Fair Work Act 2009.

The Commission was satisfied that each of the requirements of sections 186, 187 and 188 of the Fair Work Act 2009 as are relevant to the application for approval of the Agreement had been met. The Agreement is a single enterprise agreement that was made in good faith and is free from coercion and undue influence. The Agreement also contains the minimum terms and conditions of employment required by the Fair Work Act 2009. The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under section 183 of the Fair Work Act 2009 that it wants the Agreement to cover it. The Agreement is approved and, in accordance with section 54 of the Fair Work Act 2009, will operate from 1 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established