Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3050

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2965)

POWER FAMILY TRUST (THE TRUSTEE FOR) T/AS POWER CONCRETE CUTTING 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
DEPUTY PRESIDENT BELL	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the POWER FAMILY TRUST (THE TRUSTEE FOR) T/AS POWER CONCRETE CUTTING 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 POWER FAMILY TRUST (THE TRUSTEE FOR) T/AS POWER CONCRETE CUTTING PTY LTD 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 9 September 2025 and, in accordance with s.54, will operate from 16 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

In the Fair Work Commission, Power Family Trust (the trustee for) T/as Power Concrete Cutting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027 was the subject of an application for approval. The applicant, Power Concrete Cutting Pty Ltd, sought to have the proposed enterprise agreement registered with the Fair Work Commission. The Union argued that the agreement contained terms and conditions that were fair and reasonable for the employees covered by the agreement.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided for terms and conditions that were fair and reasonable, having regard to the matters set out in section 234 of the Act. This included assessing whether the agreement provided for fair and reasonable rates of pay and conditions of employment, and whether it included appropriate dispute resolution processes.

The Commission found that the proposed enterprise agreement was fair and reasonable in all respects. The agreement provided for adequate rates of pay and conditions of employment for the employees covered by the agreement, and included appropriate dispute resolution processes. The Commission also noted that the agreement had been negotiated in good faith between the parties, and that it was consistent with the principles of the national workplace relations system. Accordingly, the Commission approved the proposed enterprise agreement and registered it with the Fair Work Commission.

The final order of the Commission was that the proposed enterprise agreement between Power Concrete Cutting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027 be approved and registered with the Fair Work Commission.

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