Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2748

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2635)

TECHNIBLOCK TRUST (THE TRUSTEE FOR) T/AS TECHNIBLOCK PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 AUGUST 2025

Application for approval of the TECHNIBLOCK TRUST (THE TRUSTEE FOR) T/AS TECHNIBLOCK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TECHNIBLOCK TRUST (THE TRUSTEE FOR) T/AS TECHNIBLOCK PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 May 2025 and the Agreement was made on 25 July 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 26 August 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 matter before the Fair Work Commission involved an application for approval of an Enterprise Agreement between the Techniblock Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around the terms and conditions of employment for subcontractors in the piling industry in Victoria. The Commission was tasked with assessing whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The agreement in question was aimed at regulating the working conditions, pay rates, and other employment terms for subcontractors engaged in piling work by Techniblock Trust in Victoria.

The primary legal issues before the Commission were whether the Enterprise Agreement complied with the statutory requirements outlined in the Fair Work Act 2009 and whether it provided for the appropriate balance of rights and obligations for both employers and employees. The Commission had to ensure that the agreement was not contrary to the public interest and provided for the minimum terms and conditions for the employees involved. Additionally, the Commission needed to consider whether the agreement contained appropriate mechanisms for resolving disputes and ensuring compliance.

The Fair Work Commission found that the agreement met the necessary statutory criteria and provided for a fair and reasonable balance of rights and obligations for both parties. The Commission determined that the agreement did not contain any provisions that were contrary to the public interest and provided for the minimum terms and conditions required by the Fair Work Act 2009. The Commission also noted that the agreement included appropriate mechanisms for resolving disputes and ensuring compliance, which was a critical factor in its approval. The Commission was satisfied that the agreement would benefit both employers and employees by providing clarity and certainty in their working relationship.

The Fair Work Commission approved the Enterprise Agreement between the Techniblock Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027. The Commission found that the agreement was fair and reasonable, provided for the minimum terms and conditions required by the Fair Work Act 2009, and contained appropriate mechanisms for resolving disputes and ensuring compliance. The approval of the agreement will provide clarity and certainty for both employers and employees in the piling industry in Victoria.

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