Construction, Forestry and Maritime Employees Union

[2025] FWCA 3139

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3015)

JONETRAL HOLDINGS PTY LTD T/AS CUT & CORE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the JONETRAL HOLDINGS PTY LTD T/AS CUT & CORE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the JONETRAL HOLDINGS PTY LTD T/AS CUT & CORE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). 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 CFMEU, 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 18 September 2025 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting on behalf of its members, filed an application with the Fair Work Commission for the approval of the JONETRAL HOLDINGS PTY LTD T/AS CUT & CORE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. The dispute at hand revolves around the terms and conditions of employment set forth in the proposed enterprise agreement between the union and the employer. The Fair Work Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it could be deemed as being in the best interest of the employees.

The central legal issues before the Fair Work Commission included whether the proposed enterprise agreement complied with the relevant sections of the Fair Work Act 2009. Specifically, the Commission had to assess whether the agreement satisfied the good faith bargaining requirement, was free from coercion and undue influence, and met the criteria for being a genuine enterprise agreement. Furthermore, the Commission examined if the agreement provided fair and reasonable terms and conditions, taking into account the needs of both the employees and the employer.

In its decision, the Fair Work Commission found that the proposed enterprise agreement met the statutory requirements for approval. The Commission determined that the agreement was the product of genuine enterprise bargaining between the parties, as it had been negotiated in good faith and without coercion or undue influence. The Commission also found that the agreement contained terms and conditions that were fair and reasonable, taking into account the needs of both the employees and the employer. The Commission concluded that the agreement would serve the best interests of the employees and approved the JONETRAL HOLDINGS PTY LTD T/AS CUT & CORE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027.

The Fair Work Commission's final orders included the approval of the proposed enterprise agreement, which would now be binding on the parties and their employees. The Commission further ordered that the agreement be registered with the Fair Work Commission and published on its website for the information of the public. The decision effectively sets the terms and conditions of employment for the employees covered by the agreement for the next three years, providing a framework for the relationship between the union, the employer, and the employees.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established