Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2898)

HENNELLY CONSTRUCTION SERVICES PTY LTD T/AS HENNELLY SHOTCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 SEPTEMBER 2025

Application for approval of the HENNELLY CONSTRUCTION SERVICES PTY LTD T/AS HENNELLY SHOTCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the HENNELLY CONSTRUCTION SERVICES PTY LTD T/AS HENNELLY SHOTCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 10 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between Hennelly Construction Services Pty Ltd, trading as Hennelly Shotcrete, and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The application was brought under the Fair Work Act 2009, and the dispute centred on the fairness, compliance, and procedural aspects of the proposed agreement. The central legal issues before the Commission were whether the agreement met the statutory requirements for approval, including being free from any unfair provisions, compliant with procedural fairness, and meeting the "better off overall test" for employees.

The Commission undertook a detailed examination of the agreement, considering submissions from both parties and the evidence presented. The court scrutinised the agreement's provisions to ensure they were not unfair, as defined by the Fair Work Act, and verified that the agreement had been negotiated in good faith. Additionally, the Commission assessed whether the agreement was procedurally sound, meaning that all employees had been given a reasonable opportunity to be involved in the negotiation process. The "better off overall test" required the Commission to determine whether, on balance, the agreement provided employees with benefits that were at least as good as their previous conditions.

After thorough consideration of the arguments and evidence, the Commission found the agreement to be fair, compliant with procedural fairness, and meeting the statutory requirements for approval. The Commission concluded that the agreement contained no unfair provisions and had been negotiated in good faith. It also satisfied the "better off overall test" as it provided employees with improved conditions compared to their previous terms. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Hennelly Construction Services Pty Ltd, trading as Hennelly Shotcrete, and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 be approved, effective from the date of the decision. The approval meant that the terms and conditions set out in the agreement would apply to the employees covered by the agreement for the duration specified.

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