Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3024

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2911)

PORTAL CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 8 SEPTEMBER 2025

Application for approval of the PORTAL CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the PORTAL CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 and 188 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 8 September 2025 and, in accordance with s.54, will operate from 15 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

The matter under consideration involved an application for the approval of an enterprise agreement between Portal Contractors Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, which is tasked with the responsibility of overseeing and approving such agreements. The primary concern of the application was to ensure that the proposed agreement complied with the Fair Work Act 2009 and met the necessary legal standards for approval.

The legal issues that the Fair Work Commission had to address included whether the agreement provided for fair and reasonable terms and conditions of employment, and whether it complied with all relevant provisions of the Fair Work Act. Additionally, the Commission needed to consider whether the agreement had been made in good faith and whether it addressed the specific needs and interests of the employees and employers involved. The Commission also needed to ensure that the agreement did not adversely affect employees who were not party to it, and that it did not undermine the integrity of the industrial relations system.

In deliberating on the application, the Fair Work Commission took into account various factors, including the bargaining positions of the parties, the content of the proposed agreement, and the evidence provided by both sides. The Commission considered the fairness and reasonableness of the terms and conditions proposed, and whether they provided for adequate protections and benefits for the employees. The Commission also assessed whether the agreement complied with the procedural requirements of the Fair Work Act, such as the need for genuine bargaining and the provision of necessary information to the parties. After carefully reviewing the evidence and arguments presented, the Fair Work Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms, and that it complied with all relevant provisions of the Fair Work Act. The Commission also concluded that the agreement had been made in good faith and addressed the specific needs and interests of the parties involved.

The Fair Work Commission approved the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, subject to the terms and conditions set out in the decision. The agreement is now legally binding on the parties and will govern the employment conditions of the employees covered by the agreement 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