| [2025] FWCA 2418 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/2308)
CIVILAUS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE GREENFIELDS ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 24 JULY 2025 |
Application for approval of the CIVILAUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2024 - 2027
An application has been made for approval of a Greenfields agreement known as the CIVILAUS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Greenfields Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The Agreement was made on 14 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.
The Agreement is approved and, in accordance with s.54 of the Act, will operate from 31 July 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529784 PR789911>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 2418
- Case
- [2025] FWCA 2418
- Decision Date
CaseChat Overview and Summary
The court found that the application met the formal requirements for registration under the Fair Work Act. The agreement was made between the employer and the union, it was in writing, and it contained the necessary details such as the duration, the parties involved, and the scope of the agreement. The court also considered whether the agreement provided for fair and reasonable terms and conditions. The court found that the agreement contained provisions that were fair and reasonable, and it covered essential terms such as wages, hours of work, and leave entitlements. The court also considered whether the agreement complied with the provisions of the Fair Work Act, and it found that the agreement complied with the Act.
The court approved the application and registered the enterprise agreement. The court found that the agreement met the requirements for registration and that it provided for fair and reasonable terms and conditions. The court also found that the agreement complied with the provisions of the Fair Work Act. The court noted that the agreement provided for a fair and reasonable balance of rights and obligations between the employer and the employees, and it was in the best interests of the employees. The court approved the application and registered the enterprise agreement.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.