Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2729

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2618)

DE CONSTRUCT GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2025

Application for approval of the DE CONSTRUCT GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the DE CONSTRUCT GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 1 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 case involved an application for approval of a Subcontractors Demolition Enterprise Agreement (the Agreement) between DE CONSTRUCT GROUP PTY LTD and the CFMEU (Victorian Construction and General Division). The agreement was presented to the Fair Work Commission for approval under section 234 of the Fair Work Act 2009. The dispute centred on whether the Agreement met the requirements for a simple summary and direct agreement, as set out in the Act, and whether it was in the best interests of the employees covered by the Agreement.

The key legal issues before the Commission were whether the Agreement was a simple summary, whether it was a direct agreement, and whether it was in the best interests of the employees. A simple summary requires the Agreement to be written in plain language, avoiding technical jargon and legal terminology. A direct agreement must cover all of the terms and conditions of employment for the employees, with no need for reference to any other instrument. The best interests of the employees meant that the Agreement had to provide fair and reasonable terms and conditions, taking into account the needs and circumstances of the employees.

The Commission found that the Agreement was a simple summary and a direct agreement, as it was written in plain language and covered all terms and conditions of employment. The Agreement included provisions for wages, hours of work, leave entitlements, and other employment terms. The Commission also found that the Agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions. The Agreement included provisions for fair pay, reasonable working hours, and adequate leave entitlements. The Commission considered the views of the employees and the submissions made by the parties in reaching its decision.

The Fair Work Commission approved the Agreement, finding that it met the requirements for a simple summary and a direct agreement and was in the best interests of the employees. The Commission made an order approving the Agreement under section 234 of the Fair Work Act 2009. The Agreement will now be registered with the Fair Work Commission and will apply to the employees covered by the Agreement from the date of registration.

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