Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2834

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2726)

ML CIVIL GROUP 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 MASSON	MELBOURNE, 26 AUGUST 2025

Application for approval of the ML CIVIL GROUP 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 ML CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 23 April 2025 and the Agreement was made on 2 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 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) 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

The Construction, Forestry and Maritime Employees Union (CFMEU) applied to the Fair Work Commission for approval of a proposed enterprise agreement between ML Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The agreement covers earthmoving, excavation, and drainage workers and is set to be in effect from 2024 to 2027. The legal issues before the court were whether the proposed agreement complied with the requirements of the Fair Work Act 2009, including whether it met the genuine agreement test and the better-off-overall test.

The Fair Work Commission assessed the proposed agreement under the Fair Work Act 2009. The court examined whether the agreement was genuinely negotiated between the parties, whether it complied with the procedural fairness requirements, and whether it met the better-off-overall test. The Commission found that the agreement was genuinely negotiated and met all procedural requirements. Furthermore, it concluded that the proposed agreement would result in the employees being better off overall compared to the previous agreement or applicable award. The Commission was satisfied that the proposed agreement would provide benefits to the employees, including improved wages and conditions, and therefore approved the agreement.

The Fair Work Commission approved the proposed enterprise agreement between ML Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The court determined that the agreement complied with all the necessary legal requirements and would provide benefits to the employees. The decision underscores the importance of ensuring that enterprise agreements provide genuine benefits to employees and are negotiated in good faith. The final orders of the Commission included the approval of the proposed agreement, which will now be in effect from 2024 to 2027.

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