Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2699

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2588)

LDB CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 13 AUGUST 2025

Application for approval of the LDB CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the LDB CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of a proposed enterprise agreement between LDB Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024 - 2027. The agreement sought to regulate the terms and conditions of employment for workers in the non-destructive digging sector across various construction sites in Victoria.

The primary legal issues before the Commission were whether the proposed agreement met the criteria for approval under the Fair Work Act 2009, specifically if it provided for the pay and conditions of employees, if it had been fairly negotiated, and if it included provisions that met the Fair Work Commission's requirements for a modern award. Additionally, the Commission needed to determine if the agreement included terms that complied with the public interest and if it addressed the needs of both parties fairly.

The Commission examined the proposed agreement's provisions and found that it comprehensively covered the pay and conditions of employees, including minimum rates of pay, leave entitlements, and other employment terms. It also found that the agreement had been negotiated in good faith and that it met the legislative criteria for approval. The Commission noted that the agreement provided for a fair balance of interests between the employer and employees, including protections against unfair dismissal and provisions for resolving workplace disputes. Based on these findings, the Commission approved the proposed agreement, confirming it met the requirements of the Fair Work Act 2009.

The Fair Work Commission approved the LDB Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024 - 2027, effective from the date of the approval decision.

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