CDL Constructions Pty Ltd

[2025] FWCA 3175

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

CDL Constructions Pty Ltd

(AG2025/3044)

CDL CONSTRUCTIONS 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, 19 SEPTEMBER 2025

Application for approval of the CDL Constructions 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 CDL Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement) (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by CDL Constructions Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 September 2025.

On 15 September 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 statutory declarations of Adam Gemelli and Matt Powell and submissions which resolved the pre-approval concerns identified.

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

CDL Constructions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 were the parties involved in an application for approval by the Fair Work Commission. The application sought the endorsement of a proposed enterprise agreement, which outlined the terms and conditions of employment for earthmoving, excavation, and drainage subcontractors within the construction industry. The legal dispute centered on whether the agreement met the statutory requirements under the Fair Work Act 2009.

The court needed to determine if the proposed agreement complied with the provisions of the Fair Work Act, specifically if it was a "better off overall test" agreement. The court had to consider whether the agreement provided employees with benefits that were no worse, and preferably better, than those provided under the relevant awards or previous agreements. Furthermore, the court had to ensure that the agreement was fairly negotiated and that the necessary procedural requirements were met.

In reviewing the agreement, the court found that it met the statutory requirements under the Fair Work Act. The court determined that the proposed agreement satisfied the "better off overall test" as it provided employees with improved terms and conditions compared to the existing arrangements. The court also found that the agreement was fairly negotiated and that all necessary procedural requirements were fulfilled. Consequently, the court approved the agreement, paving the way for its implementation in the construction industry.

The Fair Work Commission ordered that the proposed agreement be approved and registered, effective from the date of the decision. The agreement would now govern the employment conditions for earthmoving, excavation, and drainage subcontractors in the construction industry for the period of 2024 to 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established