Construction, Forestry and Maritime Employees Union

[2025] FWCA 2489

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2437)

THE TRUSTEE FOR SCIIG UNIT TRUST 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, 28 JULY 2025

Application for approval of THE TRUSTEE FOR SCIIG UNIT TRUST 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 TRUSTEE FOR SCIIG UNIT TRUST 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 28 July 2025 and, in accordance with s.54 of the Act, will operate from 4 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 parties involved in the case were the trustee for the SCIIG Unit Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). They were contesting the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The dispute was brought before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement contained all the necessary components required by the legislation, and if the agreement had been fairly and properly negotiated. The Commission needed to ensure that the agreement was not only compliant with the statutory requirements but also met the standards of good faith bargaining as mandated by the Fair Work Act.

In its reasoning, the Commission examined the agreement clause by clause, confirming that all mandatory terms and conditions were included. It also assessed the negotiation process to determine whether it adhered to the principles of good faith and fair dealing. The Commission found that the agreement was comprehensive and had been negotiated in accordance with the legislative requirements. As a result, the Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027.

The final orders of the Commission included the approval of the agreement, which would now be binding on the parties involved, subject to the terms and conditions set out in the document. This decision ensured that the agreement would be implemented as per the legislative framework, providing a clear and legally binding framework for the relationship between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established