Construction, Forestry and Maritime Employees Union

[2025] FWCA 2700

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2589)

HARD CORE VIC 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 LEE	MELBOURNE, 13 AUGUST 2025

Application for approval of the HARD CORE VIC 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 HARD CORE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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.

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 20 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 Construction, Forestry and Maritime Employees Union (CFMEU) and Hard Core VIC Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement. The dispute centred on the terms of the proposed Enterprise Agreement for subcontractors involved in concrete sawing and drilling in Victoria, covering the period from 2024 to 2027. The Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The central legal issue was whether the Enterprise Agreement complied with the statutory provisions of the Fair Work Act, specifically whether it included all mandatory terms, provided for a genuine enterprise bargaining agreement, and adhered to the process for approving the agreement. The Commission also had to consider whether the agreement addressed the needs of the employees and the business and whether it met the standard of "better off overall" for the employees.

The Commission found that the Enterprise Agreement included all the necessary mandatory terms and was a genuine enterprise bargaining agreement. The process followed for approving the agreement was also found to be compliant with the requirements of the Act. The agreement was considered to provide for the employees in a manner that was better off overall, taking into account their needs and the needs of the business. The Commission concluded that the agreement was fair and balanced and approved it under the Fair Work Act.

The Commission approved the Hard Core VIC Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. This approval ensures that the terms and conditions set out in the agreement will govern the employment of subcontractors in the specified industry for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established