Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2315

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2156)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 14 JULY 2025

Application for approval of the HAMMYS TRANSPORT PTY LTD TAS HAMMYS EARTHMOVING 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 HAMMYS TRANSPORT PTY LTD TAS HAMMYS EARTHMOVING 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise 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 26 May 2025 and the Agreement was made on 1 July 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 21 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 involved an application for approval of the Hammys Transport Pty Ltd Tas Hammys Earthmoving and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The application was heard by the Fair Work Commission (FWC), which was asked to assess the proposed agreement's compliance with the Fair Work Act 2009.

The primary legal issues the FWC was required to decide were whether the proposed enterprise agreement met the "better off overall test" (BOOT) and whether it complied with the "good faith" bargaining requirements outlined in the Fair Work Act. The BOOT test requires that the agreement be at least as good as the existing terms and conditions of employment, and the good faith bargaining requirement ensures that the bargaining process was conducted in a fair and reasonable manner.

The FWC examined the proposed agreement in detail, considering the various terms and conditions it proposed for employees in the specified industries. The Commission determined that the agreement did meet the BOOT, as it provided employees with at least the same terms and conditions as they had under their previous agreements. Furthermore, the FWC found that the bargaining process was conducted in good faith, as both parties had demonstrated a willingness to negotiate and reach a fair and reasonable agreement.

As a result, the FWC approved the proposed enterprise agreement. The Fair Work Commission's decision underscores the importance of ensuring that any proposed enterprise agreements meet the statutory requirements of the Fair Work Act and that the bargaining process is conducted in good faith.

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