Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2487

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2360)

BROWNS PILING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 4 AUGUST 2025

Application for approval of the BROWNS PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BROWNS PILING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Construction, Forestry and Maritime Employees Union (CFMEU), sought the approval of a proposed enterprise agreement between Browns Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The dispute was heard in the Fair Work Commission, where the Commission was tasked with determining whether the agreement met the necessary legal criteria for approval. The primary legal issue before the Commission was whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and the Fair Work Regulations 2009. This included assessing whether the agreement had been made in accordance with the procedural requirements, whether it contained the mandated minimum terms and conditions, and whether it was in the best interest of the employees covered by the agreement.

The Commission considered several factors in its assessment. It examined the procedural fairness of the agreement-making process, ensuring that the union and the employer had followed the necessary steps to reach the agreement. The Commission also evaluated whether the agreement provided for the mandated minimum terms and conditions, including provisions on wages, hours of work, and other employment conditions. Furthermore, the Commission assessed whether the agreement would be in the best interest of the employees by considering the benefits and drawbacks of the proposed terms. After a thorough examination, the Commission concluded that the agreement met all the legal requirements for approval and was in the best interest of the employees.

The Commission approved the Browns Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027, noting that the agreement was fair and reasonable and provided for the mandated minimum terms and conditions. The approval ensures that the agreement will be legally binding on the parties involved and will govern the employment conditions of the employees for the specified period. This decision provides certainty to the parties and the employees, ensuring that the agreement will be implemented as intended and that the employees will benefit from the terms negotiated by their representatives.

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