Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2663

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2566)

RLSW SAWING AND DRILLING 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 MATHESON	SYDNEY, 14 AUGUST 2025

Application for approval of the RLSW SAWING AND DRILLING 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 RLSW SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 21 August 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 matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and RLSW Sawing and Drilling Pty Ltd for approval of their Enterprise Agreement 2024-2027. This agreement pertained to concrete sawing and drilling subcontractors in Victoria. The application was heard by the Fair Work Commission, which had jurisdiction under the Fair Work Act 2009 to approve such agreements.

The legal issues before the court centred on whether the agreement met the requirements of the Fair Work Act, particularly in relation to the protection of employee rights and interests, and whether the agreement was in the public interest. The court had to consider whether the agreement provided for fair and reasonable terms, including minimum wages, allowances, and conditions that complied with the safety standards and industry practices.

The Fair Work Commission determined that the agreement was fair and reasonable, as it provided for adequate wages, allowances, and conditions that were consistent with industry standards and practices. The court found that the agreement also included provisions for safety and training, which were crucial for the nature of the work involved. Moreover, the agreement was deemed to be in the public interest as it balanced the interests of employers and employees, promoting industrial peace and productivity. The Commission approved the agreement, highlighting its compliance with the statutory requirements and its positive impact on the workforce.

The final orders of the court were to approve the RLSW Sawing and Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027, ensuring that it would be legally binding between the parties.

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