Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3128

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2995)

LEADING EXCAVATION SOLUTIONS 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 LEADING EXCAVATION SOLUTIONS 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 LEADING EXCAVATION SOLUTIONS 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union, specifically the Victorian Construction and General Division, and Leading Excavation Solutions Pty Ltd for the approval of their Enterprise Agreement for the period 2024 to 2027. The agreement pertains to subcontractors in the earthmoving, excavation, and drainage sectors. The union and the employer sought to have the proposed agreement registered under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the requirements of the Fair Work Act, particularly concerning the provisions that were subject to the 'better off overall test'. This test required the Commission to determine whether the proposed terms and conditions of employment were at least as good as, or better than, the applicable minimum terms and conditions under the relevant award. Additionally, the Commission needed to assess if the agreement was in compliance with the statutory requirements, including whether the agreement had been made genuinely and freely without any coercion or undue influence.

The Fair Work Commission considered the evidence presented by both parties and the broader economic context. The Commission found that the proposed agreement met the better off overall test as it provided for wages and conditions that were at least as good as, and in some cases better than, the applicable minimum terms and conditions. The Commission also concluded that the agreement had been made genuinely and freely and that it was consistent with the statutory requirements. Therefore, the Commission approved the proposed Enterprise Agreement, and it was registered under the Fair Work Act.

In light of the approval, the Fair Work Commission issued orders confirming the registration of the Leading Excavation Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The agreement would now apply to the relevant employees and employers in the specified sectors from the date of registration.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established