Civil Pipe & Plant Pty Ltd Summary

[2025] FWCA 3079

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Civil Pipe & Plant Pty Ltd

(AG2025/2815)

CIVIL PIPE & PLANT 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
DEPUTY PRESIDENT BELL	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the CIVIL PIPE & PLANT 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 CIVIL PIPE & PLANT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Civil Pipe & Plant Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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 was approved on 11 September 2025 and, in accordance with s.54, will operate from 18 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Civil Pipe & Plant 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 nature of the dispute centred on whether the proposed enterprise agreement met the necessary criteria under the Fair Work Act 2009. The Commission was tasked with determining the application's validity and whether it should be approved. The legal issues primarily revolved around whether the agreement complied with the legislative requirements, including provisions on minimum wages and conditions, and whether it adequately covered the relevant employees.

The Fair Work Commission assessed the application in light of the statutory provisions and relevant case law. It examined whether the agreement provided for fair and reasonable terms, including adequate wages and conditions, and if it covered all relevant employees. The Commission considered whether the agreement met the procedural requirements and whether it was genuinely negotiated between the parties. The Commission found that the agreement met all legislative requirements and was genuinely negotiated, and approved the application.

The Fair Work Commission concluded that the proposed enterprise agreement was fair and reasonable, providing for adequate wages and conditions. It determined that the agreement met all statutory requirements and was genuinely negotiated between the parties. Consequently, the Commission approved the application, and the agreement was registered under the Fair Work Act 2009. The final orders of the Commission were that the Civil Pipe & Plant Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 be approved and registered.

Civil Pipe & Plant Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established