Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2463

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2331)

J&S CONCRETE CUTTING & DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 25 JULY 2025

Application for approval of the J&S CONCRETE CUTTING & DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the J&S CONCRETE CUTTING & DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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 25 July 2025 and, in accordance with s.54 of the Act, will operate from 1 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 Construction, Forestry and Maritime Employees Union (CFMEU) and J&S Concrete Cutting & Drilling Pty Ltd sought approval of their enterprise agreement, which was contested by a third party. The case was heard by the Fair Work Commission. The primary legal issue was whether the proposed enterprise agreement met the statutory requirements and was in the best interests of the employees. The Commission had to consider whether the agreement was fairly negotiated, provided for the prompt payment of wages, and did not discriminate against employees on certain grounds. Additionally, the Commission examined if the agreement allowed for a fair and efficient workplace, taking into account the needs of the industry and the employees.

The Fair Work Commission found that the proposed agreement was fairly negotiated and complied with the relevant legislative provisions. The agreement provided for prompt payment of wages and did not contain any discriminatory clauses. The Commission also noted that the agreement balanced the interests of both employers and employees, promoting a productive and harmonious workplace. Furthermore, the Commission was satisfied that the agreement addressed the specific needs of the industry and would benefit the employees in terms of job security, wages, and working conditions.

Based on the findings, the Fair Work Commission approved the J&S Concrete Cutting & Drilling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The Commission concluded that the agreement met the necessary statutory requirements and was in the best interests of the employees. The approval of the agreement will now provide a stable and fair framework for the employer and employees to operate within for the next three years.

No further orders were made by the Commission.

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