Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2767

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2629)

ELITE CONCRETE DRILLING AND SAWING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2025

Application for approval of the ELITE CONCRETE DRILLING AND SAWING PTY LTD 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 ELITE CONCRETE DRILLING AND SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 14 August 2025.

On 15 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Matt Parkinson and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) seeking approval for the Enterprise Agreement between ELITE CONCRETE DRILLING AND SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. The dispute arose under the Fair Work Act 2009, focusing on whether the proposed agreement met the necessary legal standards for registration and implementation.

The primary legal issue before the court was whether the agreement complied with the requirements of the Fair Work Act, particularly concerning its coverage, the bargaining process, and the fairness of the terms and conditions it proposed. The court needed to ascertain if the agreement was made in good faith, if it covered the appropriate employees, and if it included all necessary provisions, such as those relating to minimum wage rates, dispute resolution, and procedural fairness.

The court examined the procedural aspects of the agreement, confirming that the bargaining process adhered to the legal framework set forth by the Fair Work Act. The court also reviewed the substantive terms of the agreement, ensuring they were fair and reasonable in all respects. The agreement was found to meet all the necessary criteria, including adequate representation of the employees and fair treatment of all parties involved. Consequently, the court approved the agreement, affirming that it was made in good faith and was fair and reasonable.

The final orders of the court included the approval and registration of the Enterprise Agreement between ELITE CONCRETE DRILLING AND SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027, effective from the date of the court's decision. This decision ensures that the agreement will be implemented as intended, governing the terms and conditions of employment for the specified period.

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