Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2729)

DYNAMIC SAWING & DRILLING PTY LTD (THE TRUSTEE FOR) J&H ANDERSON FAMILY TRUST & THE BORN FAMILY TRUST T/AS DYNAMIC SAWING & DRILLING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the DYNAMIC SAWING & DRILLING PTY LTD (THE TRUSTEE FOR) J&H ANDERSON FAMILY TRUST & THE BORN FAMILY TRUST T/AS DYNAMIC SAWING & DRILLING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the DYNAMIC SAWING & DRILLING PTY LTD (THE TRUSTEE FOR) J&H ANDERSON FAMILY TRUST & THE BORN FAMILY TRUST T/AS DYNAMIC SAWING & DRILLING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and 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 4 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 Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of an enterprise agreement from the Fair Work Commission. The agreement was for subcontractors engaged in concrete sawing and drilling by Dynamic Sawing & Drilling Pty Ltd, trading as J&H Anderson and the Born Family Trust. The CFMEU claimed the agreement was made in good faith and would be beneficial to the employees, while the trustee for the trusts argued it was not appropriately made. The Fair Work Commission was tasked with determining the validity of the agreement.

The primary legal issue before the Commission was whether the enterprise agreement was genuinely made in good faith and whether it complied with the necessary legal requirements. The Commission had to examine if the agreement was made in accordance with the relevant provisions of the Fair Work Act and whether it met the standard of good faith as established in previous case law. Additionally, the Commission needed to consider if the agreement was fairly and appropriately negotiated, and if it provided appropriate protections and benefits to the employees.

The Commission found that the agreement was genuinely made in good faith, as it met the standard set by the High Court in the CFMEU case. The agreement was negotiated in accordance with the requirements of the Fair Work Act, and the process involved genuine consultation and discussion between the parties. The Commission was satisfied that the agreement provided appropriate protections and benefits to the employees, including minimum wages and conditions, and was in the best interests of the employees. As such, the Commission approved the enterprise agreement.

The Fair Work Commission approved the enterprise agreement, finding that it was genuinely made in good faith and met the necessary legal requirements. The Commission determined that the agreement was appropriately negotiated and provided suitable protections and benefits to the employees. The approval of the agreement ensures that the employees engaged in concrete sawing and drilling by Dynamic Sawing & Drilling Pty Ltd will benefit from the terms and conditions outlined in the enterprise agreement.

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