Construction, Forestry and Maritime Employees Union

[2025] FWCA 2320

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2150)

VIC SAWING AND DRILLING 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 VIC SAWING AND DRILLING 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 VIC SAWING AND DRILLING 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 10 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 Construction, Forestry and Maritime Employees Union (CFMEU) and VIC SAWING AND DRILLING PTY LTD sought approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 in the Fair Work Commission. The agreement sought to regulate the terms and conditions of employment for workers engaged in concrete sawing and drilling activities under subcontract arrangements within Victoria. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, including whether it facilitated the efficient operation of businesses and whether it was free of prohibited content. The Commission assessed the agreement against these criteria, considering the bargaining power of the parties, the balance of the agreement, and the absence of any terms that could be considered contrary to public policy or unfair.

The key legal issues the Commission needed to resolve included whether the agreement provided for an efficient operation of businesses by addressing the specific needs of the industry and ensuring a fair and reasonable framework for subcontracting. Additionally, the Commission had to determine if the agreement contained any terms that were inconsistent with the provisions of the Fair Work Act or that might lead to unfair dismissals or other detriments to employees. The Commission also had to ensure that the agreement did not contain any prohibited content, such as terms that contravened the fundamental rights of employees or that imposed unreasonable restrictions on their rights.

In evaluating the agreement, the Commission found that it provided for an efficient operation of businesses by addressing the specific needs of the concrete sawing and drilling industry. The Commission noted that the agreement balanced the rights and obligations of both employers and employees, and that it did not contain any terms that would lead to unfair dismissals or other detriments to employees. The Commission further found that the agreement was free of any prohibited content and was in compliance with the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided a fair and reasonable framework for subcontracting and facilitated the efficient operation of businesses in the industry.

The Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027, effective from 1 July 2024. The agreement will apply to employees engaged in concrete sawing and drilling activities under subcontract arrangements within Victoria, providing a framework for the terms and conditions of their employment. The approval ensures that the agreement meets the statutory requirements for enterprise agreements under the Fair Work Act, including the criteria of facilitating the efficient operation of businesses and being free of prohibited content.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established