Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2318

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2157)

EL DORADO CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 JULY 2025

Application for approval of the EL DORADO CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the EL DORADO CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 21 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 before the court involved an application for approval of a proposed enterprise agreement between El Dorado Contractors Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The proposed agreement, titled the Subcontractors Piling Enterprise Agreement 2024-2027, was the subject of contention between the parties. The dispute was heard and decided by the Fair Work Commission, an Australian federal statutory body responsible for the resolution of workplace disputes.

The central legal issues before the Commission were whether the proposed agreement met the necessary legal standards for approval, including compliance with the Fair Work Act 2009. Key aspects of the agreement that were scrutinised included the coverage of the agreement, the process through which the agreement was negotiated, and the terms and conditions proposed within the agreement. The Commission had to determine if the agreement was made in good faith, if it provided for the proper protection of employees' rights, and if it satisfied the requirements for certification under the Fair Work Act.

In its reasoning, the Commission considered evidence and submissions from both parties. It examined the negotiation process to ensure it was conducted in good faith and in accordance with the legal framework. The Commission also assessed the terms of the agreement to verify they were fair and reasonable. After careful consideration, the Commission found that the agreement complied with the statutory requirements and was made in good faith. The proposed terms and conditions were deemed to provide for the proper protection of employees' rights and met the necessary criteria for approval.

The Fair Work Commission approved the Subcontractors Piling Enterprise Agreement 2024-2027, making it a legally binding instrument between El Dorado Contractors Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement will now govern the employment conditions of the relevant employees for the specified period, providing a framework for their working conditions and rights.

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