| [2025] FWCA 2709 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2599)
SOLID FC PUMPING TRUST (TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 14 AUGUST 2025 |
Application for approval of the SOLID FC PUMPING TRUST (TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the SOLID FC PUMPING TRUST (TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2709
- Case
- [2025] FWCA 2709
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to decide upon were whether the enterprise agreement met the requirements set out in the Fair Work Act and if it was in the best interests of the employees. The court considered whether the agreement provided fair and reasonable terms for employees, adhered to the provisions of the Fair Work Act, and was certified by the Fair Work Commission. Furthermore, the court examined if the agreement appropriately addressed the balance of power between the employer and the employees, and if it met the conditions of good faith bargaining.
The Fair Work Commission found that the enterprise agreement was fair and reasonable. The court took into account the comprehensive consultation process that had occurred between the employer and the employees, and the good faith bargaining demonstrated by both parties. The agreement was considered to be in the best interests of the employees as it provided fair and reasonable terms, adhered to the provisions of the Fair Work Act, and was certified by the Commission. The agreement was also deemed to appropriately address the balance of power between the employer and the employees, and met the conditions of good faith bargaining.
The Fair Work Commission approved the enterprise agreement, allowing it to come into effect from the agreed commencement date. The decision underscored the importance of fair and reasonable terms, adherence to the Fair Work Act, and the necessity of good faith bargaining in the process of approving enterprise agreements. The outcome of this case reinforces the role of the Commission in ensuring that industrial relations processes are fair and in the best interests of all parties involved.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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