Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2509

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2390)

GATT EXCAVATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 30 JULY 2025

Application for approval of the GATT EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the GATT EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 30 July 2025 and, in accordance with s.54 of the Act, will operate from 6 August 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between GATT EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The dispute centred around whether the agreement met the necessary criteria for registration under the Fair Work Act 2009. The parties involved were GATT EXCAVATIONS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), representing the interests of the subcontractors.

The primary legal issues before the court were whether the enterprise agreement adhered to the procedural requirements outlined in the Fair Work Act, including ensuring the agreement was made free from coercion, duress or unfair tactics. Additionally, the court had to verify that the agreement complied with the "better off overall test" (BOOT), which requires that the terms of the agreement be no less favourable to employees than the applicable award or registered agreement. Furthermore, the court examined whether the agreement included all necessary provisions, such as those regarding minimum rates of pay, penalties, and dispute resolution mechanisms.

In its decision, the court thoroughly reviewed the application, scrutinising the procedural integrity of the agreement formation process and confirming compliance with the statutory requirements. The court found that the agreement was negotiated in good faith and without undue influence, satisfying the procedural prerequisites. Moreover, the court determined that the agreement met the BOOT, as it provided terms and conditions that were at least as favourable as those under the relevant award. The court also confirmed that all mandatory provisions were included, thereby meeting the legislative criteria for approval. Consequently, the court approved the enterprise agreement, ensuring it would now govern the employment conditions for the specified period.

The final orders of the court approved the GATT EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from the date of the decision. This decision confirmed the agreement as a legally binding document that would regulate the employment terms for the parties involved during the specified period, ensuring compliance with the Fair Work Act and protecting the rights of both employers and employees.

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