Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2223)

NUSKE CONCRETE CUTTING PTY LTD T/AS NATIONAL CONCRETE CUTTING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the NUSKE CONCRETE CUTTING PTY LTD T/As NATIONAL CONCRETE CUTTING 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 NUSKE CONCRETE CUTTING PTY LTD T/As NATIONAL CONCRETE CUTTING 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. 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 10 September 2024 and the Agreement was made on 27 June 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 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the court involved an application for the approval of the NUSKE CONCRETE CUTTING PTY LTD T/As NATIONAL CONCRETE CUTTING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The applicant, NUSKE CONCRETE CUTTING PTY LTD, sought the court's approval for the enterprise agreement, which was proposed to govern the terms and conditions of employment for workers in the subcontractor concrete sawing and drilling industry within the specified period. The Construction, Forestry and Maritime Employees Union (CFMEU) was the other party involved in the negotiation and submission of the agreement.

The primary legal issue that the court needed to address was whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. This involved examining whether the agreement provided for the proper process for its making, ensured minimum entitlements, and met other legislative criteria. Additionally, the court had to consider if the agreement was in the best interests of the employees and whether it adhered to the principles of good faith bargaining and industrial peace.

The court meticulously reviewed the application and the proposed agreement, focusing on its compliance with the legislative framework. The court found that the agreement was made through a proper process, provided for the minimum entitlements required by law, and adhered to the principles of good faith bargaining. The court also determined that the agreement was in the best interests of the employees and would promote industrial peace. Consequently, the court approved the enterprise agreement as it met all the statutory requirements and was in line with the objectives of the Fair Work Act 2009.

The final orders of the court were to approve the NUSKE CONCRETE CUTTING PTY LTD T/As NATIONAL CONCRETE CUTTING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027, effective from the date of approval. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period. The court's decision ensured that the agreement would be legally binding and enforceable for the involved parties.

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