Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3083

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2969)

MARINE PARADE PTY LTD T/AS CUTTING FORCE 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, 11 SEPTEMBER 2025

Application for approval of the MARINE PARADE PTY LTD T/As CUTTING FORCE 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 MARINE PARADE PTY LTD T/As CUTTING FORCE 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 Construction, Forestry and Maritime Employees Union. 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

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to have an enterprise agreement approved. The agreement in question was between Marine Parade Pty Ltd trading as Cutting Force and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The court had to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and whether it was appropriately certified.

The key legal issues before the court were whether the agreement met the statutory criteria for approval and whether it was fairly negotiated and certified. The court had to consider the content of the agreement, the process by which it was negotiated, and the evidence presented regarding the certification. The court also needed to ensure that the agreement did not disadvantage employees in a way that was not in their best interests.

The court found that the agreement met the statutory requirements and was fairly negotiated and certified. The court considered the submissions from both parties, the evidence provided, and the terms of the agreement. It was satisfied that the agreement contained all the required provisions and was in line with the Fair Work Act. The court determined that the agreement was appropriately certified and that it did not contain any provisions that would disadvantage employees. The court approved the agreement based on the evidence and submissions presented.

The final order of the court was the approval of the agreement. The court confirmed that the agreement would be binding on all parties from the date of the decision and that it complied with the requirements of the Fair Work Act. The agreement was deemed to be in the best interests of the employees and was approved in its entirety. This decision ensured that the terms of the agreement would govern the employment conditions of the relevant workers for the specified period.

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