Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2378

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2229)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 JULY 2025

Application for approval of the PUMPING CONCRETE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the PUMPING CONCRETE AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 was approved on 18 July 2025 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 with Pumping Concrete Australia Pty Ltd. The dispute centred around the provisions of the proposed agreement and whether they complied with the requirements of the Fair Work Act 2009. The Commission was tasked with ensuring that the agreement met the necessary standards, including fairness, and did not undermine the core rights of employees.

The legal issues that the Commission had to resolve were whether the proposed agreement complied with the provisions of the Fair Work Act, including whether it provided for the fair treatment of employees, and whether it contained all the minimum terms and conditions that the law required. In particular, the Commission needed to assess whether the agreement adequately covered issues such as pay rates, classification, hours of work, and other employment conditions. The Commission also had to consider whether the agreement was sufficiently flexible to allow for the efficient operation of Pumping Concrete Australia Pty Ltd while protecting the rights and interests of the employees.

In making its decision, the Commission examined the provisions of the proposed agreement in detail. It found that the agreement contained all the necessary minimum terms and conditions as required by the Fair Work Act. The Commission also concluded that the agreement provided for the fair treatment of employees and did not undermine their core rights. Furthermore, the Commission was satisfied that the agreement was sufficiently flexible to allow for the efficient operation of the business while protecting the rights and interests of the employees. Based on this assessment, the Commission approved the proposed agreement.

The Fair Work Commission approved the Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 between Pumping Concrete Australia Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision ensures that the agreement will now provide the framework for the employment conditions of the relevant employees, subject to the terms and conditions set out in the agreement.

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