Always Pumping (Vic) Pty Ltd

Case [2025] FWCA 2799
[2025] FWCA 2799

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Always Pumping (Vic) Pty Ltd

(AG2025/2617)

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

Building, metal and civil construction industries

DEPUTY PRESIDENT MASSON

MELBOURNE, 22 AUGUST 2025

Application for approval of the Always Pumping (VIC) 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 Pumping (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 Always Pumping (Vic) Pty Ltd. The Agreement is a single enterprise agreement.

  1. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 30 April 2025 and the Agreement was made on 10 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

  1. The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

  1. I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) 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 29 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

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Details
AGLC
Always Pumping (Vic) Pty Ltd [2025] FWCA 2799
Case
[2025] FWCA 2799
Decision Date

CaseChat Overview and Summary

The application before the Fair Work Commission concerned the approval of an enterprise agreement between Always Pumping (Vic) Pty Ltd and the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The dispute centred on the validity and compliance of the proposed agreement with the requirements set forth in the Fair Work Act 2009.

The central legal issues revolved around whether the agreement met the criteria for registration under the Act, including whether it contained the necessary "better off overall test" provisions, and whether it adhered to the procedural requirements such as the mandatory bargaining obligations. The Commission also needed to consider if the agreement was genuinely negotiated and if it complied with any relevant public interest considerations.

In examining the evidence presented, the Commission determined that the proposed agreement satisfied the statutory requirements. It found that the parties had genuinely negotiated the terms, and that the agreement met the "better off overall test". The Commission also confirmed that all procedural requirements had been met, including the disclosure of relevant information. Consequently, the Commission approved the enterprise agreement, acknowledging its compliance with the relevant provisions of the Fair Work Act.

The Fair Work Commission's decision affirmed the approval of the Always Pumping (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. This ruling is effective as of the date of the Commission's decision and governs the employment terms and conditions 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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