Construction, Forestry and Maritime Employees Union

[2025] FWCA 2271

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2141)

BEEJAY CONCRETE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 10 JULY 2025

Application for approval of the BEEJAY CONCRETE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the BEEJAY CONCRETE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 10 July 2025 and, in accordance with s.54 of the Act, will operate from 17 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 matter before the court involved an application by the Construction, Forestry and Maritime Employees Union for the approval of an enterprise agreement between BEEJAY CONCRETE SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027. The union sought to have this agreement recognised as meeting the necessary standards for approval under the Fair Work Act 2009. The Fair Work Commission was the forum for this application.

The primary legal issues the court had to address were whether the enterprise agreement complied with the requirements of the Fair Work Act, including the provisions for the protection of employees' rights and interests. This involved examining the agreement to ensure it met the criteria for covering only matters that are negotiable, that it provided for a fair process for the negotiation and resolution of disputes, and that it did not unfairly disadvantage any party. The court also had to consider whether the agreement provided for a suitable mechanism for resolving any future disputes that might arise.

In reaching its decision, the Commission assessed the provisions of the agreement against the legislative criteria set out in the Fair Work Act. It considered the fairness of the terms, the process by which the agreement was negotiated, and the protections it offered to the employees. The Commission found that the agreement was comprehensive and balanced, providing adequate protections for the employees and ensuring that the negotiation process was fair and transparent. Consequently, the Commission approved the agreement, recognising it as meeting the necessary standards for approval.

In light of the approval, the Commission issued its orders confirming the recognition of the enterprise agreement as valid and binding on all parties involved. This decision allowed the agreement to come into effect, providing a framework for the employment conditions between the union and the employer for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established