Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2602

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2424)

PALANU PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 6 AUGUST 2025

Application for approval of the PALANU PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Indigenous Employment & Training Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the PALANU PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Indigenous Employment & Training 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 30 July 2025.

On 31 July 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 supporting material which resolved the pre-approval concerns identified.

In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears the NERR provided to employees omits the ‘employer name’ which raises a concern about the employees’ awareness as to coverage of the Agreement. Noting the NERR was provided to employees simultaneously with the Agreement and explanatory documents, I am satisfied the error is minor and that the employees were aware of the Agreement coverage.

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 involved an application for the approval of an enterprise agreement between the PALANU PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Indigenous Employment & Training Enterprise Agreement 2024-2027. The dispute was heard by the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009. The legal issues before the Commission included whether the agreement met the statutory requirements for approval and whether it complied with the good faith bargaining provisions. The Commission had to consider the process by which the agreement was negotiated, the terms and conditions it contained, and whether it provided fair and reasonable outcomes for both parties.

In addressing these issues, the Commission examined the evidence presented regarding the negotiation process and the context in which the agreement was made. It considered whether the agreement was the product of genuine bargaining between the parties and whether the terms and conditions were fair and reasonable. The Commission also assessed whether the agreement complied with the statutory provisions regarding the content of enterprise agreements. After reviewing the evidence and arguments presented, the Commission found that the agreement met the necessary criteria for approval. The Commission concluded that the agreement was the result of genuine bargaining and contained terms and conditions that were fair and reasonable for both parties.

The Commission approved the enterprise agreement, allowing it to come into effect from the specified commencement date. The approval signified that the agreement was compliant with the statutory requirements and represented a fair outcome for both the employer and the employees covered by the agreement. This decision underscores the importance of genuine bargaining and fair terms in enterprise agreements, ensuring that they meet the legislative standards set out in the Fair Work Act 2009. The final orders confirmed the approval of the enterprise agreement and specified the date from which the agreement would be in force.

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