Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3025

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2955)

B&M INFRASTRUCTURE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DIRECTIONAL DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 9 SEPTEMBER 2025

Application for approval of the B&M INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Directional Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the B&M INFRASTRUCTURE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Directional Drilling Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the B&M Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Directional Drilling Enterprise Agreement 2024-2027. The matter was brought before the Fair Work Commission, the industrial relations tribunal of Australia, to determine if the proposed agreement met the necessary legislative standards for approval. The dispute centred on the terms of the agreement, which aimed to regulate the employment conditions for subcontractors in the directional drilling sector. The primary concern was whether the agreement provided for fair and reasonable terms for both the employees and the employer, as required by the Fair Work Act 2009.

The legal issues before the commission included whether the agreement was genuinely a product of genuine collective bargaining, if it contained minimum terms that met the criteria under the Fair Work Act, and whether the agreement complied with the statutory requirements for approval. The commission also needed to consider if the proposed terms were fair and reasonable, particularly focusing on the balance of interests between the parties. The union argued that the agreement adequately represented the workforce's interests, while the employer maintained that the terms were fair and necessary for business operations.

In its decision, the commission carefully examined the process of negotiation and the content of the agreement. It found that the agreement had resulted from genuine collective bargaining, as evidenced by the extensive negotiations and consultation between the parties. The commission also determined that the minimum terms were appropriate and met the statutory criteria. It concluded that the agreement provided fair and reasonable terms, balancing the interests of both the employees and the employer. Therefore, the commission approved the agreement, finding it to comply with all necessary legislative requirements.

The final orders of the commission were to approve the B&M Infrastructure Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Directional Drilling Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions of the relevant workforce for the specified period.

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