| [2025] FWCA 1705 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Bicon unit trust trading as Bicon Pty Ltd
(AG2025/1426)
BICON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 23 MAY 2025 |
Application for approval of the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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 Bicon unit trust trading as Bicon Pty Ltd. The Agreement is a single enterprise agreement.
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 11 February 2025 and the Agreement was made on 28 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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.
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.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 30 May 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529104 PR787521>
- AGLC
- Bicon unit trust trading as Bicon Pty Ltd [2025] FWCA 1705
- Case
- [2025] FWCA 1705
- Decision Date
CaseChat Overview and Summary
The central legal issues involved assessing the agreement against the legislative standards for enterprise agreements. These included whether the agreement provided for fair and reasonable terms and conditions, whether it contained a genuine bargain, and whether it complied with the procedural requirements for approval. The Commission also needed to consider whether the agreement included adequate provisions for minimum wages and entitlements, and whether it allowed for the appropriate balance of power between the parties.
In delivering its decision, the Commission found that the agreement satisfied all the necessary criteria for approval. The agreement was considered to provide fair and reasonable terms and conditions for the employees, including provisions for minimum wages, leave entitlements, and other employment benefits. The Commission concluded that the agreement represented a genuine bargain between the parties and that it complied with all procedural requirements. Furthermore, the agreement was deemed to appropriately balance the rights and obligations of both the employer and the employees. The Commission approved the agreement, acknowledging its adherence to the statutory standards for enterprise agreements.
The final orders of the Commission approved the Bicon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for waterproofing subcontractors employed by Bicon for the duration of the agreement.
Orders
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Background
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Evidence
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