Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2460

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2310)

BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST (THE TRUSTEE FOR) T/AS BREAK-A-WAY CONCRETE CUTTING SERVICES 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 BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST (THE TRUSTEE FOR) T/AS BREAK-A-WAY CONCRETE CUTTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing & Drilling Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BREAKAWAY CONCRETE CUTTING SERVICES BUSINESS TRUST (THE TRUSTEE FOR) T/AS BREAK-A-WAY CONCRETE CUTTING SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing & 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of several subcontractors, applied for the approval of the Breakaway Concrete Cutting Services Business Trust, trading as Break-A-Way Concrete Cutting Services Pty Ltd, and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing & Drilling Enterprise Agreement 2024-2027. The union sought to establish this agreement to govern the terms and conditions of employment for concrete sawing and drilling subcontractors within the construction industry. The dispute centred on whether the proposed agreement was fair and reasonable in terms of the relevant criteria under the Fair Work Act.

The court had to determine if the agreement met the requirements for approval under section 234 of the Fair Work Act. This involved assessing whether the agreement contained appropriate mechanisms for resolving disputes, ensuring minimum rates of pay and conditions, and maintaining a fair balance of rights and obligations between the parties. Additionally, the court considered whether the agreement was necessary to protect the interests of the subcontractors and whether it was consistent with the principles of the national workplace relations system.

After careful consideration of the evidence and arguments presented, the Fair Work Commission concluded that the proposed enterprise agreement was fair and reasonable. The agreement was found to include adequate dispute resolution mechanisms, ensure appropriate minimum rates of pay and conditions, and strike an appropriate balance of rights and obligations between the parties. The commission approved the agreement, noting the union's efforts to protect the interests of the subcontractors and its consistency with broader workplace relations principles.

The commission issued orders approving the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing & Drilling Enterprise Agreement 2024-2027. The agreement was set to commence on the date of the decision and would govern the employment terms and conditions for the relevant subcontractors 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