Construction, Forestry and Maritime Employees Union

[2025] FWCA 2649

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2471)

ATKINSON CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 8 AUGUST 2025

Application for approval of the ATKINSON CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ATKINSON CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 1 August 2025.

On 4 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Ned Donlic and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Atkinson Concrete Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027. Atkinson Concrete Pty Ltd sought to have the agreement recognised as a protected action agreement, which would allow it to be implemented without the need for individual agreements with each employee. The union, representing the employees, contested certain aspects of the agreement.

The key legal issues before the Commission centred on whether the agreement complied with the requirements of the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was genuinely a protected action agreement, if it complied with the procedural requirements for such agreements, and if it met the substantive requirements for enterprise agreements under the Act. This included examining the bargaining process, the agreement's terms and conditions, and ensuring that the agreement did not disadvantage employees.

In its decision, the Commission noted that the agreement was the product of genuine and voluntary bargaining between the parties. It found that the bargaining process complied with the procedural requirements, and that the agreement itself contained terms and conditions that were fair and reasonable. The Commission also determined that the agreement did not disadvantage employees and provided adequate protections and benefits. As such, the Commission approved the agreement as a protected action agreement, allowing it to be implemented without individual agreements with each employee.

The Commission's final orders included approving the Atkinson Concrete Pty Ltd and the CFMEU Subcontractors Concrete Placement Enterprise Agreement 2024-2027 as a protected action agreement. This meant that the agreement could be implemented immediately, providing certainty and stability for both the employer and the employees. The decision also emphasised the importance of genuine bargaining and the need for enterprise agreements to meet the statutory requirements to ensure fairness and compliance with the law.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established