Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2651

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2494)

DELTA PTY LTD T/AS DELTA GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the DELTA PTY LTD T/AS DELTA GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the DELTA PTY LTD T/AS DELTA GROUP and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 4 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 statutory declarations of Brett Allchin, David Forbes, Kayne Taylor 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involves an application for approval of an enterprise agreement between DELTA PTY LTD T/AS DELTA GROUP and the Construction, Forestry and Maritime Employees Union (CFMEU), specifically for the Victorian Construction and General Division Subcontractors Demolition Enterprise Agreement 2024 - 2027. The application was made to the Fair Work Commission, which is tasked with approving such agreements to ensure they meet the requirements of the Fair Work Act 2009. The union and the employer sought the Commission's approval to formalise their agreement, which outlines the terms and conditions of employment for employees involved in subcontractor demolition work.

The primary legal issue before the Commission was whether the proposed agreement complied with the provisions of the Fair Work Act, particularly sections that address the process for approving enterprise agreements and the standards that such agreements must meet. The Commission had to determine if the agreement was genuinely negotiated, free from any improper influence or coercion, and if it met the "better off overall test" to ensure it provided employees with at least the same pay and conditions as the applicable award or previous agreement. Additionally, the Commission assessed whether the agreement included mandatory provisions and did not unfairly discriminate against certain employees.

The Commission found that the agreement was genuinely negotiated between the parties and met all the legal requirements set out in the Fair Work Act. It was confirmed that the agreement was free from any improper influence or coercion, and it satisfied the "better off overall test" as employees would be better off under the terms of the agreement than under their previous award or agreement. The Commission also noted that the agreement included all mandatory provisions and did not unfairly discriminate against any group of employees. Therefore, the Commission approved the agreement, recognising it as a lawful and fair enterprise agreement between the parties.

The final orders of the Commission were that the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027 be approved as a registered agreement. The approval is effective from the date of the Commission's decision, and the agreement will apply to all employees covered by it, providing them with the terms and conditions outlined in the approved document. This decision ensures that the agreement will be legally binding and enforceable between the parties for the specified period.

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