Construction, Forestry and Maritime Employees Union

[2025] FWCA 2552

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2373)

MD OPERATING UNIT TRUST (THE TRUSTEE FOR) T/AS MD CONCRETE OPERATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 5 AUGUST 2025

Application for approval of the MD OPERATING UNIT TRUST (THE TRUSTEE FOR) T/AS MD CONCRETE OPERATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MD OPERATING UNIT TRUST (THE TRUSTEE FOR) T/AS MD CONCRETE OPERATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 29 July 2025.

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

In this matter, the trustee for the MD Operating Unit Trust, trading as MD Concrete Operations Pty Ltd, sought approval for the Subcontractors Formwork Enterprise Agreement 2024-2027 with the CFMEU (Victorian Construction and General Division). The application was heard by the Fair Work Commission, specifically Justice McCabe, who was tasked with determining whether the agreement should be approved under the Fair Work Act 2009.

The central legal issue before the court was whether the agreement met the criteria for approval as prescribed by the Fair Work Act. This involved assessing whether the agreement was in the public interest, did not undermine the safety and health of employees, and contained appropriate dispute resolution provisions. Furthermore, the court had to consider whether the agreement adhered to the principles of the Fair Work Act, including those related to the protection of employees and the promotion of workplace relations.

Justice McCabe, in his decision, evaluated the agreement against these criteria. He found that the agreement was in the public interest, as it provided for a fair and balanced approach to the terms and conditions of employment for the workers involved. The agreement was deemed to not undermine the health and safety of employees, as it included appropriate safety provisions. Additionally, the court confirmed that the agreement contained adequate dispute resolution mechanisms. Justice McCabe concluded that the agreement complied with the requirements of the Fair Work Act and approved it.

Consequently, Justice McCabe issued an order approving the Subcontractors Formwork Enterprise Agreement 2024-2027 between the trustee for the MD Operating Unit Trust, trading as MD Concrete Operations Pty Ltd, and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be fair and appropriate, and it was approved under the provisions of 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