Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2387

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2250)

RANGEDALE VIC 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
COMMISSIONER LEE	MELBOURNE, 18 JULY 2025

Application for approval of the RANGEDALE VIC 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 RANGEDALE VIC 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 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 25 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 case involved an application for approval of the RANGEDALE VIC PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027. The matter was heard in the Fair Work Commission, where the Construction, Forestry and Maritime Employees Union sought approval of the enterprise agreement, and Rangedale Vic Pty Ltd did not oppose the application. The primary legal issue before the Commission was whether the agreement met the necessary criteria under the Fair Work Act 2009 for it to be approved and registered. This included ensuring that the agreement did not adversely affect the modern award provisions and complied with the requirements for good faith bargaining.

The Commission examined the agreement to determine if it was made in good faith and if the parties had genuinely attempted to negotiate. The CFMEU presented evidence of the bargaining process, including the number of meetings held and the steps taken to reach an agreement. Rangedale Vic Pty Ltd did not contest the application, indicating acceptance of the agreement's terms. The Commission also assessed the content of the agreement to ensure it did not undermine the provisions of the relevant modern award and that it provided for fair and reasonable terms and conditions of employment. After careful consideration, the Commission found that the agreement met the statutory requirements and was consistent with the principles of the Fair Work Act.

In light of the evidence and the absence of opposition from Rangedale Vic Pty Ltd, the Commission approved the enterprise agreement. The agreement was deemed to be made in good faith and did not adversely affect the modern award provisions. The Commission registered the agreement, which would now apply to the employees covered by its terms from the specified period. The decision underscored the importance of genuine bargaining and the need for enterprise agreements to align with the broader objectives of the Fair Work Act.

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