Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2407

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2268)

VISIONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 22 JULY 2025

Application for approval of the VISIONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the VISIONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 Agreement is a single enterprise agreement.

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 29 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, acting on behalf of a group of employees, applied to the Fair Work Commission for the approval of the VISIONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The application was made in the context of the Federal Government's industrial relations reforms, which included the introduction of a new streamlined process for approving enterprise agreements. The dispute centred around whether the proposed agreement met the necessary legal standards and conditions set out in the Fair Work Act 2009. The primary issue was whether the agreement provided for fair and reasonable terms and conditions for the employees, including their wages, working hours, and other employment-related matters.

The Fair Work Commission undertook a thorough examination of the proposed agreement to determine if it complied with the legal requirements. This included assessing whether the agreement provided for terms and conditions that were no less favourable than the relevant award or safety net award, and whether it allowed for the fair and reasonable resolution of workplace issues. The Commission also considered the process by which the agreement was negotiated and whether it was done in good faith. The Commission's analysis was guided by the principles of procedural fairness and the overarching objective of ensuring that the agreement would contribute to improved industrial relations outcomes.

In reaching its decision, the Fair Work Commission found that the proposed agreement met all the necessary legal standards. The Commission noted that the agreement contained terms and conditions that were no less favourable than those provided for in the relevant award, and that it included provisions for the fair and reasonable resolution of workplace issues. The Commission was satisfied that the negotiation process was conducted in good faith and that the agreement would contribute to improved industrial relations outcomes. Accordingly, the Commission approved the VISIONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027, as it met all the requirements of the Fair Work Act 2009.

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