Building Engineering (VIC) Pty Ltd

[2025] FWCA 2462

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Building Engineering (VIC) Pty Ltd

(AG2025/2297)

BUILDING ENGINEERING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 JULY 2025

Application for approval of the Building Engineering (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

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

The matter was allocated to my Chambers on 21 July 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

In the recent decision of Building Engineering (VIC) Pty Ltd, the Fair Work Commission was tasked with considering an application for the approval of an enterprise agreement between Building Engineering (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division). The dispute centred on the terms and conditions set out in the proposed agreement, which aimed to regulate employment relations between the employer and the union over the period 2024 to 2027. The Commission was required to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues the Commission needed to address included whether the agreement provided for the proper negotiation process, whether it contained fair and reasonable terms, and whether it complied with the procedural requirements outlined in the Fair Work Act. A key aspect of the negotiation process was whether the agreement had been made in good faith, and whether it met the standards for simplicity, clarity, and accessibility to the parties involved. Furthermore, the Commission examined the extent to which the agreement met the public interest test, ensuring that it did not undermine the broader objectives of the industrial relations system.

Upon reviewing the evidence and submissions from both parties, the Commission found that the negotiation process was conducted in good faith and that the agreement contained terms that were fair and reasonable. The Commission noted that the proposed agreement addressed key issues such as wages, working conditions, and dispute resolution mechanisms in a manner that balanced the interests of both the employer and the employees. The Commission was satisfied that the agreement complied with all procedural requirements and that it did not undermine the public interest. Consequently, the Commission approved the enterprise agreement, finding it to meet all necessary criteria for validity and enforceability.

The Commission's final orders included the approval of the Building Engineering (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 relations between the parties for the specified period. This decision underscores the importance of fair and reasonable terms in enterprise agreements and the role of the Commission in ensuring compliance with the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established