Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2796

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2676)

CIVIL FORCE (COMMERCIAL) 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
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the CIVIL FORCE (COMMERCIAL) 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 CIVIL FORCE (COMMERCIAL) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Federal Court heard an application for the approval of a proposed enterprise agreement between Civil Force (Commercial) 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 applicant, Civil Force, sought the court's endorsement of the agreement which outlines the terms and conditions of employment for its subcontractors in the earthmoving, excavation, and drainage sectors. The CFMEU, representing the employees, contested certain provisions of the agreement, asserting that they did not adequately protect the rights and interests of the workers.

The court was tasked with determining whether the agreement complied with the Fair Work Act 2009, particularly whether it met the criteria for "better off overall and in the round". This involved assessing if the proposed terms and conditions were no worse than those currently applicable under the relevant industrial instrument and whether they offered a significant improvement to the employees' overall conditions. The court also needed to examine if the agreement had been fairly negotiated and if it contained appropriate mechanisms for dispute resolution and enforcement.

After thorough deliberation, the court found that the proposed agreement did indeed meet the necessary criteria. The court acknowledged the balance of interests considered in the negotiation process and the provisions included to protect the workers' rights. The agreement was deemed to offer improvements in certain areas, such as additional leave entitlements and enhanced safety measures, which collectively resulted in a positive overall benefit for the employees. Consequently, the court approved the agreement, confirming its compliance with the Fair Work Act.

The final orders of the court granted approval to the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from the date of the judgment. The agreement was to be registered under the Fair Work Act, and both parties were directed to comply with its terms and conditions as outlined. The court's decision was based on the comprehensive evaluation of the agreement's provisions and their alignment with the statutory requirements for fair and equitable workplace agreements.

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