Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2838

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2671)

BRENDON WRIGHT CONCRETING PTY LTD T/AS KERBWORKS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB, CHANNEL & PAVEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 26 AUGUST 2025

Application for approval of the BRENDON WRIGHT CONCRETING PTY LTD T/As KERBWORKS and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BRENDON WRIGHT CONCRETING PTY LTD T/As KERBWORKS and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 16 July 2025 and the Agreement was made on 7 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 2 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

In this case, the Construction, Forestry and Maritime Employees Union (CFMEU) and Brendon Wright Concreting Pty Ltd T/As Kerbworks applied to the Fair Work Commission for approval of the Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024-2027. The application was heard by the Commission, which needed to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The primary legal issues before the Commission were whether the agreement was a "simplified agreement," whether it complied with the good faith bargaining requirements, and whether it met the other statutory criteria for approval.

The Commission found that the agreement was indeed a simplified agreement as it covered a small number of employees and contained provisions that were largely consistent with industry standards. The Commission was satisfied that the parties had engaged in good faith bargaining, as evidenced by the detailed negotiation records and the willingness of both parties to compromise. The agreement met all the statutory criteria for approval, including the requirement that it provide for fair and reasonable terms and conditions of employment. The Commission approved the agreement, noting that it provided a fair outcome for the employees covered by the agreement.

The Commission's decision was based on a thorough analysis of the evidence presented by both parties, including the negotiation records and expert evidence. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, including provisions for minimum wages, penalty rates, leave entitlements, and dispute resolution mechanisms. The Commission also noted that the agreement provided for a fair and reasonable process for the resolution of disputes, which was an important consideration in approving the agreement. The Commission approved the agreement, subject to the parties providing further information regarding the implementation of the 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