Avionics Airfield Lighting Pty Ltd Summary

[2025] FWCA 3059

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Avionics Airfield Lighting Pty Ltd

(AG2025/2981)

AVIONICS AIRFIELD LIGHTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the AVIONICS AIRFIELD LIGHTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the AVIONICS AIRFIELD LIGHTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Avionics Airfield Lighting Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 9 September 2025.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Avionics Airfield Lighting Pty Ltd, along with the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, applied for approval by the Fair Work Commission. The parties sought to resolve issues relating to the terms and conditions of employment for subcontractors in the earthmoving, excavation, and drainage sectors. The dispute was heard by the Fair Work Commission, a specialised Australian tribunal with jurisdiction over workplace relations and employment law.

The legal issues before the court centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. Specifically, the court had to determine whether the agreement covered a "small group" of employees, whether the agreement met the "better off overall test" and whether it adhered to the "good faith" requirement. Additionally, the court had to examine whether the agreement contained provisions that were "necessary to achieve a fair and reasonable outcome" and whether it was free from any unlawful content.

In reaching its decision, the Fair Work Commission considered the submissions from both parties and the evidence presented. The Commission found that the proposed agreement met all the necessary statutory criteria. It covered a small group of employees, passed the better off overall test, and was negotiated in good faith. The Commission also confirmed that the agreement contained provisions necessary to achieve a fair and reasonable outcome and was free from any unlawful content. Based on these findings, the Commission approved the enterprise agreement.

The final orders of the Fair Work Commission were that the AVIONICS AIRFIELD LIGHTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 be approved, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would apply to the specified group of employees for the duration of the agreement.

Avionics Airfield Lighting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established