Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2235

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2114)

ACCELERATED CONCRETE SAWING 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 MATHESON	SYDNEY, 9 JULY 2025

Application for approval of the ACCELERATED CONCRETE SAWING 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 ACCELERATED CONCRETE SAWING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (Agreement). The application was made by 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 case involved an application for approval of a new enterprise agreement between the Accelerated Concrete Sawing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission, the tribunal responsible for regulating workplace relations and resolving disputes in Australia. The agreement in question pertains to the terms and conditions of employment for subcontractors involved in concrete sawing and drilling activities within the construction industry.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009. This required the Commission to examine the agreement's compliance with the relevant provisions of the Act, including the requirement for fair and reasonable terms and conditions of employment, and the need to avoid any adverse effects on employees' overall conditions. The Commission also needed to assess if the agreement provided for a fair and efficient method of resolving disputes and included adequate provisions for the protection of employees' rights.

In considering the application, the Commission carefully reviewed the proposed terms and conditions outlined in the enterprise agreement. It found that the agreement provided for fair and reasonable terms and conditions of employment, and that it did not have any adverse effects on employees' overall conditions. The Commission also noted that the agreement included provisions for resolving disputes in a fair and efficient manner, as well as protections for employees' rights. Based on this assessment, the Commission determined that the proposed enterprise agreement met the necessary criteria for approval under the Fair Work Act 2009.

As a result of the Commission's decision, the accelerated concrete sawing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 was approved. This means that the terms and conditions outlined in the agreement will now apply to the relevant employees and employers within the construction industry, providing them with a fair and reasonable framework for their employment relationship.

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