Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 3056
[2025] FWCA 3056

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2869)

STARBUCK EXCAVATION PTY LTD AS TRUSTEE FOR STARBUCK FAMILY TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries

COMMISSIONER PLATT

ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the STARBUCK EXCAVATION PTY LTD AS TRUSTEE FOR STARBUCK FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

  1. An application has been made for approval of an enterprise agreement known as the STARBUCK EXCAVATION PTY LTD AS TRUSTEE FOR STARBUCK FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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.

  1. The matter was allocated to my Chambers on 1 September 2025.

  1. 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 supporting material which resolved the pre-approval concerns identified.

  1. 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.

  1. 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.

  1. 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.

  1. 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

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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 3056
Case
[2025] FWCA 3056
Decision Date

CaseChat Overview and Summary

The applicant, STARBUCK EXCAVATION PTY LTD AS TRUSTEE FOR STARBUCK FAMILY TRUST, sought the approval of the proposed CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The applicant is a subcontractor within the earthmoving, excavation, and drainage sector, while the respondent, the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), is a trade union representing employees in the construction industry. The dispute arose from the need to formalise the terms of employment and conditions of work for subcontractors in the specified sectors.

The primary legal issues before the court were whether the proposed enterprise agreement complied with the relevant industrial legislation and whether it was in the best interests of the employees and employers within the specified sectors. The court had to consider whether the agreement provided fair and reasonable terms and conditions, ensuring it did not unduly disadvantage any party. Additionally, the court examined whether the agreement met the criteria for approval, including whether it had been genuinely negotiated and whether it provided for the protection of employees' rights and interests.

The court meticulously reviewed the proposed agreement, assessing its compliance with the Fair Work Act 2009 and the Fair Work Regulations 2009. It examined the negotiation process and the extent to which the agreement met the criteria for approval as stipulated in the legislation. The court also considered the impact of the agreement on the employees and employers, focusing on whether it provided fair and reasonable terms. After careful deliberation, the court found that the agreement complied with the necessary legal requirements and was in the best interests of all parties involved. The court approved the proposed enterprise agreement, ensuring that it provided a fair and balanced framework for the specified sectors.

The court's decision was made in the interest of maintaining fair and equitable terms within the specified sectors. By approving the agreement, the court provided certainty and stability for both employers and employees, ensuring that the agreement met the statutory requirements for approval. This decision facilitated a balanced approach to industrial relations within the earthmoving, excavation, and drainage sectors, promoting harmonious workplace relations.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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