| [2025] FWCA 2518 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2385)
SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 4 AUGUST 2025 |
Application for approval of the SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the SUPER CITY CONCRETE CUTTING (AUSTRALIA) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.
The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.
On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 11 August 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2518
- Case
- [2025] FWCA 2518
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. The agreement had to be free from prohibited content, provide for a good faith bargaining process, and not have the effect of disadvantaging employees. The Commission also had to consider if the agreement was made in good faith and if it provided for a genuine enterprise agreement.
The Fair Work Commission found that the proposed agreement complied with the requirements of the Fair Work Act. It was free from prohibited content, provided for a good faith bargaining process, and did not disadvantage employees. The Commission was satisfied that the agreement was made in good faith and represented a genuine enterprise agreement. Therefore, the Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027.
The Fair Work Commission approved the proposed agreement, effective from the date of the decision. The agreement will govern the employment terms and conditions for employees of Super City Concrete Cutting (Australia) Pty Ltd and the union for the specified period. The Commission's approval ensures that the agreement is legally binding and enforceable under the Fair Work Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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