Construction, Forestry and Maritime Employees Union

[2025] FWCA 3080

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2871)

DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the DELTA PTY LTD T/AS DELTA GROUP and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the DELTA PTY LTD T/AS DELTA GROUP and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure 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 matter under consideration was an application by Delta Group, trading as Delta, for approval of the Civil & Infrastructure Enterprise Agreement 2024-2027 between Delta and the Construction, Forestry and Maritime Employees Union (CFMEU). The application was heard in the Fair Work Commission. The agreement in question was negotiated between Delta and the CFMEU to govern the terms and conditions of employment for workers in the civil and infrastructure sector within Delta's operations. The application was brought before the Commission to seek its formal endorsement, ensuring compliance with the Fair Work Act 2009.

The central legal issues that the Commission needed to address were whether the agreement complied with the statutory requirements set out in the Fair Work Act and whether it met the standards for good faith bargaining and fairness. Specifically, the Commission had to examine whether the agreement was made in good faith, whether it covered all the necessary terms and conditions of employment, and if it provided for a fair and reasonable balance between the interests of the employees and the employer. Furthermore, the Commission considered whether the agreement included appropriate mechanisms for resolving disputes and whether it provided for a fair process for making variations to the agreement in the future.

The Commission thoroughly reviewed the agreement, taking into account submissions from both Delta and the CFMEU. It examined the negotiation process, the content of the agreement, and its alignment with statutory provisions. The Commission found that the agreement was made in good faith and contained all the necessary terms and conditions of employment as required by the Fair Work Act. The agreement was deemed to provide a fair and reasonable balance between the interests of the employees and the employer, including appropriate mechanisms for resolving disputes and making future variations. Based on this analysis, the Commission approved the agreement, recognising it as a valid and enforceable enterprise agreement.

As a result of the Commission's decision, the Civil & Infrastructure Enterprise Agreement 2024-2027 between Delta and the CFMEU was approved and registered. This approval ensures that the agreement will govern the employment conditions of the relevant workers within Delta's operations for the specified period. The formal endorsement by the Fair Work Commission signifies that the agreement meets the legal standards for enterprise agreements and provides a framework for fair and productive industrial relations within the specified sector.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established