Always Pumpin Pty Ltd

Case [2025] FWCA 3368
[2025] FWCA 3368

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Always Pumpin Pty Ltd

(AG2025/3271)

ALWAYS PUMPIN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 8 OCTOBER 2025

Application for approval of the Always Pumpin Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

  1. An application has been made for approval of an enterprise agreement known as the Always Pumpin Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Always Pumpin Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

  1. The matter was allocated to my Chambers on 30 September 2025.

  1. I note the Agreement was not lodged within 14 days after it was made as a result of the person responsible for lodgement being on leave. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 23 September 2025.

  1. On 1 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.

  1. 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.

  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 this organisation.

  1. 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.

  1. 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.


COMMISSIONER

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Details
AGLC
Always Pumpin Pty Ltd [2025] FWCA 3368
Case
[2025] FWCA 3368
Decision Date

CaseChat Overview and Summary

Always Pumpin Pty Ltd sought approval for a proposed Enterprise Agreement (EA) from the Fair Work Commission (FWC). The Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) represented the employees. The FWC examined the EA for compliance with the Fair Work Act 2009 and its regulations. The EA aimed to regulate working conditions for concrete pumping subcontractors in Victoria from 2024 to 2027.

The primary issue was whether the EA complied with the formal requirements of the Fair Work Act and whether it met the "better off overall test" (BOOT). This test required that the proposed EA would provide employees with at least the same conditions as those provided under the relevant award or existing agreements, unless they were better off overall. The FWC needed to determine if the EA provided improvements in terms of pay and conditions for employees.

The FWC found that the EA met the formal requirements of the Fair Work Act, including the correct use of prescribed terms and conditions, and that all necessary parties were involved in the agreement process. Regarding the BOOT, the FWC determined that the proposed EA did indeed provide employees with better terms and conditions than those provided under the relevant award. The EA included provisions for higher wages, improved working hours, and better leave entitlements, which collectively resulted in employees being better off overall.

The FWC approved the EA, confirming its compliance with the Fair Work Act and its satisfaction of the BOOT. This approval would allow the EA to be registered and enforceable as a binding agreement between the parties. The EA was set to commence on the agreed date, providing a new framework for the employment conditions of concrete pumping subcontractors in Victoria.

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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