Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2455

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2320)

BRC PILING & FOUNDATIONS 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, 29 JULY 2025

Application for approval of the BRC PILING & FOUNDATIONS 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 BRC PILING & FOUNDATIONS 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 5 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 an enterprise agreement between BRC Piling & Foundations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors, for the period 2024-2027. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for being certified as a lawful and valid enterprise agreement.

The primary legal issue was whether the enterprise agreement contained all the necessary provisions and adhered to the statutory requirements set out in the Fair Work Act. This included assessing whether the agreement was free from prohibited content, contained minimum terms and conditions, and was made in good faith and without coercion. The court was also required to consider whether the agreement had been genuinely agreed upon by the parties and whether it complied with the procedural requirements for approval.

In its reasoning, the court examined the terms of the agreement and the process by which it was negotiated and agreed upon. The court confirmed that the agreement contained all the mandatory minimum terms and conditions specified in the Fair Work Act, and it was free from prohibited content. The evidence presented demonstrated that the agreement was the result of genuine bargaining between the parties, made in good faith and without coercion. The court was satisfied that the necessary procedural requirements had been followed, and the agreement was therefore eligible for approval. The court approved the enterprise agreement, finding it to be a lawful and valid agreement between the parties.

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