Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3032

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2947)

PRESTIGE SAW PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Cement and concrete products
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the Prestige Saw Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 Prestige Saw 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). 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 9 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of an enterprise agreement between Prestige Saw Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for subcontractor concrete sawing and drilling workers. The matter was heard in the Fair Work Commission, an Australian federal statutory body responsible for resolving workplace disputes.

The central legal issue was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine whether the agreement provided a fair and efficient workplace relationship and whether it had been fairly negotiated. The Commission also needed to consider whether the agreement adequately protected the interests of the employees involved.

The Fair Work Commission concluded that the agreement was fair and efficient and had been negotiated in good faith. The Commission found that the agreement provided adequate protections for employees, including provisions for minimum wages, working conditions, and dispute resolution mechanisms. The Commission also noted that the agreement had been negotiated through a transparent and inclusive process that involved both parties. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Prestige Saw Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. This decision sets an important precedent for future enterprise agreements in the construction industry and provides a framework for fair and efficient workplace relationships.

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