Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2412

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2295)

THE TRUSTEE FOR DELETE CRETE CONCRETE CUTTING TRUST T/AS DELETE CRETE CONCRETE CUTTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Cement and concrete products
DEPUTY PRESIDENT MASSON	MELBOURNE, 22 JULY 2025

Application for approval of The Trustee for Delete Crete Concrete Cutting Trust T/As Delete Crete Concrete Cutting 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 Trustee for Delete Crete Concrete Cutting Trust T/As Delete Crete Concrete Cutting 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). It has been made by Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

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 notification time for the Agreement under s.173(2) was 5 June 2025 and the Agreement was made on 10 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 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 is approved and, in accordance with s.54 of the Act, will operate from 29 July 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 case involved an application for the approval of an enterprise agreement between The Trustee for Delete Crete Concrete Cutting Trust T/As Delete Crete Concrete Cutting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement in question pertains to the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 – 2027. The matter was heard by the Fair Work Commission, which was tasked with determining whether the agreement met the requirements set forth in the Fair Work Act 2009.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act, specifically concerning the scope of the agreement and whether it appropriately addressed the bargaining process and the rights of employees. The court needed to assess the fairness of the agreement, considering the bargaining power of the parties, the manner in which the agreement was negotiated, and its implications for the employees involved.

The Fair Work Commission considered the evidence provided by both parties and examined the terms of the agreement. The Commission found that the agreement was made in good faith and that the process of bargaining was conducted appropriately. The Commission was satisfied that the agreement met the requirements of the Act, including provisions regarding the rights and obligations of the parties, and that it provided fair and reasonable terms for the employees. The Commission also noted that the agreement included provisions for dispute resolution and that it did not disadvantage any party unduly. Based on these findings, the Commission approved the enterprise agreement.

The Fair Work Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was deemed to comply with the requirements of the Fair Work Act, and the terms were considered fair and reasonable for all parties involved. The decision was communicated to the parties, and the agreement was implemented accordingly.

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