Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3076

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2967)

CORE FOUNDATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Core Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Core Foundations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 11 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved Core Foundations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around the approval of a subcontractor piling enterprise agreement for the period 2024-2027. The court was tasked with examining whether the proposed agreement met the necessary legal standards and criteria for approval.

The legal issues before the court included whether the agreement complied with the requirements set out in the Fair Work Act 2009 and the Fair Work Regulations 2009. The court had to consider whether the agreement provided for fair terms and conditions for employees, and whether it was free from any unfair provisions that could negatively impact the workforce. Additionally, the court needed to determine if the agreement had been appropriately negotiated and whether it satisfied the statutory requirement for "better off overall" tests.

The court carefully reviewed the terms and conditions of the proposed agreement, assessing them against the legal framework. It found that the agreement met the necessary standards for approval. The court concluded that the agreement provided fair terms and conditions for employees, and that it did not contain any unfair provisions. Furthermore, the court determined that the agreement had been appropriately negotiated and satisfied the statutory requirement for better off overall tests. Based on these findings, the court approved the subcontractor piling enterprise agreement.

The court's decision resulted in the approval of the subcontractor piling enterprise agreement between Core Foundations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024-2027. The agreement was found to be in compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009, providing fair terms and conditions for employees and meeting all necessary legal requirements.

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