Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2223

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2077)

CONCRETE REPAIRS LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS REMEDIAL CONCRETE AND ACCESS FLOORING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 9 JULY 2025

Application for approval of the CONCRETE REPAIRS LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027

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

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Concrete Repairs Limited (CRL) jointly applied for the approval of a subcontractor agreement for concrete repairs and access flooring. The dispute was heard in the Fair Work Commission. The primary legal issue was whether the proposed agreement met the requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement provided fair and reasonable terms and conditions, and if it was sufficiently free from any coercive conduct or any other unfair practices.

The court examined the content of the agreement, the negotiation process, and the terms themselves. It considered the balance of power between the parties and whether there was any undue influence or coercion. The court also evaluated the reasonableness of the terms in the context of the industry and current economic conditions. Ultimately, the court found that the agreement was fair and reasonable, and did not contain any terms that were contrary to public policy or that had been obtained through unfair practices. The court approved the agreement, highlighting the satisfactory negotiation process and the balanced terms that benefited both parties.

The Fair Work Commission approved the Concrete Repairs Limited and the CFMEU (Victorian Construction and General Division) Subcontractors Remedial Concrete and Access Flooring Enterprise Agreement 2024 - 2027. The decision was made on the basis that the agreement was fair and reasonable, and did not involve any coercive conduct. The terms of the agreement were found to be balanced and beneficial to both the employer and the employees, and the negotiation process was deemed to be satisfactory. The approval of the agreement was intended to provide certainty and stability in the industry, ensuring that both parties could operate under a mutually agreed set of terms and conditions.

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