Construction, Forestry and Maritime Employees Union

[2025] FWCA 3147

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3091)

LG GROUP CIVIL OPERATIONS UNIT TRUST (TRUSTEE FOR) T/AS LG GROUP CIVIL OPERATIOS 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 MATHESON	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the LG GROUP CIVIL OPERATIONS UNIT TRUST (TRUSTEE FOR) T/AS LG GROUP CIVIL OPERATIONS 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 LG GROUP CIVIL OPERATIONS UNIT TRUST (TRUSTEE FOR) T/AS LG GROUP CIVIL OPERATIOS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 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 parties involved in the case were the LG Group Civil Operations Unit Trust, trading as LG Group Civil Operations, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on the application for approval of the CFMEU Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The matter was heard in the Fair Work Commission.

The central legal issues before the court involved determining whether the proposed enterprise agreement complied with the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009. The court had to assess whether the agreement met the requirements for registration, including whether it provided for fair and reasonable terms and conditions of employment, and whether it had been negotiated in good faith. Additionally, the court needed to consider whether the agreement complied with specific provisions of the Fair Work Act, such as the protection of employees' rights and the avoidance of adverse economic consequences.

In its decision, the court meticulously examined the terms and conditions outlined in the proposed enterprise agreement. It found that the agreement met the legislative requirements for registration, including fair and reasonable terms, good faith negotiation, and compliance with the Fair Work Act. The court considered the submissions from both parties, the evidence presented, and the broader economic and employment context. The court concluded that the agreement was beneficial for both employers and employees and did not have adverse economic consequences. Therefore, the court approved the agreement for registration.

As a result of the court's decision, the CFMEU Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027 was approved for registration. This decision will impact the employment conditions and rights of the employees covered by the agreement, setting the terms and conditions for the specified period. The approval of the agreement signifies a resolution to the dispute and provides a legal framework for the relationship between the union and the employer for the next three years.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established