Construction, Forestry and Maritime Employees Union

[2025] FWCA 2678

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2568)

PRO PILING 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, 12 AUGUST 2025

Application for approval of the PRO PILING 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 PRO PILING 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 26 June 2025 and the Agreement was made on 22 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 19 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 case involved an application for the approval of the PRO PILING PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The application was made in the Fair Work Commission, which has jurisdiction to approve enterprise agreements under the Fair Work Act 2009. The dispute centred on whether the agreement met the legal requirements for approval, including the process by which it was made and the fairness of its terms.

The legal issues before the court included whether the agreement was genuinely negotiated and whether the terms were fair and reasonable. This involved examining the process of negotiation, the parties' bargaining positions, and the content of the agreement itself. The court also had to consider whether the agreement complied with the procedural requirements under the Fair Work Act, including the necessity for genuine consultation and negotiation between the parties.

The Fair Work Commission determined that the agreement was genuinely negotiated and contained fair and reasonable terms. The Commission found that there was evidence of meaningful discussions and concessions between the parties, which demonstrated a genuine negotiation process. Additionally, the terms of the agreement were considered fair, as they provided for reasonable working conditions, wages, and benefits that balanced the interests of both employers and employees. The Commission also confirmed that the procedural requirements of the Fair Work Act were met, including the provision of relevant information and the opportunity for consultation.

The final order of the Fair Work Commission was to approve the PRO PILING PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The approval was based on the findings that the agreement was genuinely negotiated, contained fair and reasonable terms, and complied with the procedural requirements under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established