Construction, Forestry and Maritime Employees Union

[2025] FWCA 2615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2468)

SOLID FC PUMPING TRUST (TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 6 AUGUST 2025

Application for approval of the SOLID FC PUMPING TRUST (TRUSTEE FOR) 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 SOLID FC PUMPING TRUST (TRUSTEE FOR) and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 13 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 matter before the court involved an application by the Solid FC Pumping Trust (Trustee for) and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) to approve the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The application was made under the Fair Work Act 2009 (Cth). The court was required to determine whether the agreement met the criteria for approval as a single-interest employer (SIE) agreement. The key legal issues revolved around whether the agreement was in the best interests of the employees and whether it provided appropriate protections and benefits.

The court considered the provisions of the Fair Work Act and relevant case law to assess the agreement. It examined whether the agreement contained minimum terms and conditions that were no less favourable than those provided by the relevant national system awards. The court also looked at the process by which the agreement was made, including whether it was negotiated in good faith and whether there was sufficient employee representation and consultation. Additionally, the court evaluated whether the agreement included appropriate mechanisms for dispute resolution and whether it allowed for fair and reasonable adjustments to be made in the future.

In its decision, the court found that the agreement met the requirements of the Fair Work Act. It determined that the agreement contained terms and conditions that were at least as favourable as those provided by the relevant national system awards. The court also concluded that the agreement was negotiated in good faith and that there was adequate employee representation and consultation. Furthermore, the court was satisfied that the agreement included appropriate dispute resolution mechanisms and provisions for future adjustments. Therefore, the court approved the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027.

The final orders of the court were to approve the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 as a single-interest employer agreement under the Fair Work Act 2009 (Cth). The agreement was to be registered and would apply to the employees of the Solid FC Pumping Trust (Trustee for) and the CFMEU (Victorian Construction and General Division) from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established