Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3058

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2906)

SND TRADING UNIT TRUST (THE TRUSTEE FOR) T/AS SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the SND TRADING UNIT TRUST (THE TRUSTEE FOR) T/AS SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD 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 SND TRADING UNIT TRUST (THE TRUSTEE FOR) T/AS SPECIALISED CONCRETE CUTTING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 September 2025.

On 4 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Jessica Normington and supporting material which resolved the pre-approval concern identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court was an application by the trustee for the SND Trading Unit Trust, trading as Specialised Concrete Cutting and Drilling Pty Ltd, for approval of an enterprise agreement between the company and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The applicant sought to have the agreement approved as a simple greenfields agreement under the Fair Work Act 2009 (Cth). The union, as the employer's bargaining representative, supported the application, while no other party opposed it.

The central legal issue for the court was whether the proposed agreement met the statutory requirements for approval as a simple greenfields agreement. The court had to consider whether the agreement was fairly negotiated and contained the minimum terms and conditions as prescribed by the Act. Additionally, the court had to ensure that the agreement did not undermine the object of the Act, which is to provide for a nationally consistent, fair, and flexible workplace relations system.

In reaching its decision, the court examined the negotiation process and the content of the proposed agreement. The court found that the agreement was the result of good faith negotiations between the parties. It also found that the agreement contained all the prescribed minimum terms and conditions and did not include any provisions that would undermine the object of the Act. The court noted the absence of any significant issues or opposition to the agreement, which further supported its approval. Consequently, the court approved the proposed agreement, finding that it met all the necessary statutory criteria.

The final orders of the court were that the proposed agreement be approved as a simple greenfields agreement under the Fair Work Act 2009 (Cth). The agreement, titled "The CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027," was thus accepted and registered. The approval was effective from the date of the court's decision, allowing the agreement to govern the employment conditions of the parties involved.

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