Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2281

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2104)

WILLARD LOGISTICS PTY LTD T/AS GEELONG CONCRETE PUMPING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Cement and concrete products
COMMISSIONER PLATT	ADELAIDE, 11 JULY 2025

Application for approval of the WILLARD LOGISTICS PTY LTD T/ASGEELONG CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as WILLARD LOGISTICS PTY LTD T/ASGEELONG CONCRETE PUMPING and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 4 July 2025.

On 4 July 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Joshua Willard and supporting material which resolved the pre-approval concerns identified.

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 before the court involved an application for the approval of a Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 between Willard Logistics Pty Ltd trading as Geelong Concrete Pumping and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which has jurisdiction to determine such matters.

The primary legal issue for the court was whether the agreement contained all the mandatory terms prescribed by the Fair Work Act and whether it was in the best interests of the employees. The court had to consider the terms and conditions proposed in the agreement, including pay rates, classification, hours of work, and other employment-related provisions. The court also needed to assess whether the agreement provided a safety net for the employees and whether it was free from any unfair provisions.

The Fair Work Commission carefully examined the proposed agreement and found that it satisfied all the mandatory requirements set out in the Fair Work Act. The court noted that the agreement provided for a comprehensive set of terms and conditions that were fair and reasonable for the employees. The commission was satisfied that the agreement provided an appropriate safety net and did not contain any unfair provisions. Based on these findings, the court approved the Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, confirming its compliance with the legislative requirements and its suitability for the employees.

The Fair Work Commission's decision was communicated in a written determination, which included the specific orders approving the enterprise agreement. The determination also outlined the effective date of the agreement and provided guidance on how it would be implemented in the workplace. The approval of the agreement marked the conclusion of the legal process, ensuring that the terms and conditions of employment were fair and adequately protected the interests of the employees.

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