Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2408

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2285)

TDM EARTHWORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the TDM EARTHWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TDM EARTHWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and TDM EARTHWORKS PTY LTD applied for approval of a proposed enterprise agreement. The dispute involved terms and conditions for subcontractors engaged in earthmoving, excavation, and drainage work within the construction industry. The case was heard by the Commission's Deputy President, Mr. J. A. Smith.

The primary legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act 2009, specifically whether it contained the necessary provisions for a valid enterprise agreement, including minimum terms and conditions, and whether it complied with procedural fairness and good faith bargaining principles. The Commission also needed to determine if the agreement was in the best interests of the employees and whether it promoted harmonious, productive, and cooperative workplace relations.

In delivering the decision, Deputy President Smith found that the proposed agreement contained all the necessary provisions and met the legal requirements of the Act. The Deputy President considered the content of the agreement, including the terms and conditions, procedural fairness, and the bargaining process. The Deputy President found that the agreement provided for fair and reasonable terms and conditions, and that it was in the best interests of the employees. The Deputy President approved the TDM EARTHWORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from 1 April 2024.

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