Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2321

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2212)

MI-CUT AUSTRALIA 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 PLATT	ADELAIDE, 14 JULY 2025

Application for approval of the Mi-Cut Australia 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 Mi-Cut Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 11 July 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application by the Construction, Forestry and Maritime Employees Union to have the Federal Circuit and Family Court approve the Mi-Cut Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The agreement sought to regulate the terms and conditions of employment for concrete sawing and drilling subcontractors in Victoria. The application was brought under the Fair Work Act 2009, which governs enterprise agreements and the role of the Court in approving such agreements.

The central legal issues before the court were whether the enterprise agreement was genuinely an agreement between the parties, whether it met the procedural requirements for approval, and whether it provided for fair and reasonable terms and conditions. The court had to consider whether the agreement was genuinely an agreement between the parties, whether the agreement was made in good faith, and whether it met the requirements set out in the Fair Work Act. Additionally, the court needed to ensure that the agreement provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The court found that the enterprise agreement was genuinely an agreement between the parties, made in good faith, and met the procedural requirements for approval. The agreement was considered to provide for fair and reasonable terms and conditions for the employees. The court noted that the agreement included provisions for minimum wages, overtime rates, and other employment conditions that were fair and reasonable. The court also found that the agreement did not have any terms that were contrary to public policy or that undermined the rights of employees. The court approved the agreement, allowing it to come into effect on the specified date.

The court ordered that the Mi-Cut Australia Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027 be approved and registered with the Fair Work Commission. The agreement was to come into effect on the date of the court's approval, and the parties were required to comply with the terms of the agreement. The court's approval meant that the agreement would be legally binding on the parties and their employees, providing a framework for the terms and conditions of employment in the concrete sawing and drilling industry in Victoria.

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