Construction, Forestry and Maritime Employees Union

[2025] FWCA 2992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2863)

GEELONG EARTHMOVING AND CONSTRUCTION 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 COLMAN	MELBOURNE, 5 SEPTEMBER 2025

Application for approval of the Geelong Earthmoving and Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Geelong Earthmoving and Construction Pty Ltd 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). 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 5 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 Geelong Earthmoving and Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission, which is responsible for overseeing and approving such agreements under the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed agreement met the requirements of the Fair Work Act, specifically whether it was a lawful agreement and whether it had been genuinely negotiated between the parties. The Commission needed to assess the procedural fairness of the agreement's negotiation process and its compliance with the provisions of the Act.

The Commission found that the agreement had been genuinely negotiated between the parties and was consistent with the requirements of the Fair Work Act. The Commission was satisfied with the evidence provided regarding the negotiation process and the content of the agreement. It concluded that the agreement was fair and reasonable, and that it met the criteria for approval under the Act. The Commission took into account the nature of the industry, the bargaining power of the parties, and the terms and conditions of the agreement.

The Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, confirming its compliance with the Fair Work Act and its fairness to the parties involved. The approval of the agreement ensures that the terms and conditions set out in the agreement will govern the employment of workers in the relevant industry during the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established