Chief Group Solutions Pty Ltd

[2025] FWCA 2420

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Chief Group Solutions Pty Ltd

(AG2025/2235)

CHIEF GROUP SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 23 JULY 2025

Application for approval of the Chief Group Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Chief Group Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure 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 Chief Group Solutions Pty Ltd. The Agreement is a single enterprise agreement.

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 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.

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 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, Chief Group Solutions Pty Ltd, sought approval of the Chief Group Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027. The application was made under the Fair Work Act 2009, with the Fair Work Commission as the tribunal. The primary dispute centred on whether the proposed agreement complied with the statutory requirements and whether it met the threshold for being considered a "better off overall test" (BOOT) agreement.

The court was tasked with examining several legal issues. These included whether the agreement had been genuinely negotiated between the parties, whether it complied with the mandatory provisions of the Fair Work Act, and if the terms and conditions of the agreement provided a BOOT for the employees. The court also needed to determine whether any provisions in the agreement contravened the principles of good faith bargaining or were otherwise unfair or unreasonable.

The Fair Work Commission found that the agreement had been genuinely negotiated and met all statutory requirements. The terms and conditions provided a BOOT for the employees, and there were no provisions that contravened the principles of good faith bargaining. The Commission concluded that the agreement was fair and reasonable, and thus approved it. The Commission emphasised that the agreement provided a comprehensive set of terms and conditions that would benefit the employees over the duration of the agreement.

The final orders of the Commission were that the Chief Group Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027 be approved. The agreement was to commence on the first day of March 2024 and would remain in effect until the first day of March 2027. This decision provided clarity and certainty for both parties and their employees moving forward.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established