Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2232

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2126)

DIAMOND SAWING AND SCANNING 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 LEE	MELBOURNE, 8 JULY 2025

Application for approval of the DIAMOND SAWING AND SCANNING 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 DIAMOND SAWING AND SCANNING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 15 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union and Diamond Sawing and Scanning Pty Ltd. The dispute centres around the application for the approval of the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission.

The key legal issues that the Commission had to address involved the fairness and validity of the proposed enterprise agreement. This included whether the agreement met the criteria for approval as set out in the Fair Work Act 2009, such as ensuring that it promotes simplification, flexibility, and efficiency in workplace relations. The Commission also needed to assess whether the agreement had been negotiated in good faith and whether it adequately protected the interests of the employees involved.

The Commission examined the evidence and submissions provided by both parties, taking into account the specific provisions of the proposed agreement. It considered the extent to which the agreement promoted the objectives of the Act, such as facilitating efficient and productive workplace relations. The Commission also evaluated whether the agreement provided fair and reasonable terms and conditions for the employees. After thorough consideration, the Commission concluded that the agreement met the necessary criteria and was in the best interests of the employees.

As a result, the Fair Work Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027, confirming its validity and enforceability. This decision allows the agreement to be implemented and provides a clear framework for the terms and conditions of employment for the employees covered by the agreement.

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