Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2561

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2483)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 AUGUST 2025

Application for approval of the KELLER 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 KELLER PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 8 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 for the approval of a subcontractor piling enterprise agreement between Keller Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was made under the Fair Work Act 2009, seeking the Fair Work Commission's endorsement of the proposed agreement as a protected action agreement. The agreement in question outlines the terms and conditions of employment for employees engaged in subcontractor piling work within the specified period.

The primary legal issues the court needed to address were whether the proposed agreement complied with the requirements of the Fair Work Act and whether the agreement was made in the interests of the employees it covers. Specifically, the court had to consider whether the agreement provided for fair and reasonable terms and conditions, and whether it was negotiated in good faith. The court also had to determine if the agreement was in the best interests of the employees by assessing whether it offered fair and reasonable terms and conditions, and if it had been negotiated in good faith.

The court found that the proposed agreement met all the statutory requirements under the Fair Work Act. The agreement was comprehensive, covering all necessary terms and conditions of employment, and it was clear and easily understandable. The court was satisfied that the agreement was negotiated in good faith, with both parties engaging in meaningful discussions and compromises. Furthermore, the court determined that the agreement was in the best interests of the employees, providing fair and reasonable terms that protected their rights and interests. Based on these findings, the court approved the subcontractor piling enterprise agreement.

As a result of the court's approval, the Keller Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027 is now a protected action agreement under the Fair Work Act. This agreement will govern the employment terms and conditions for employees engaged in subcontractor piling work for the duration of the agreement.

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