Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2206

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2052)

RAPIDCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 JULY 2025

Application for approval of the RAPIDCRETE PTY LTD 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 the RAPIDCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 26 September 2024 and the Agreement was made on 16 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Rapidcrete Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, the Fair Work Commission was tasked with determining whether the agreement met the necessary criteria for approval. The application for approval was made by the union on behalf of the employees involved in the concrete pumping industry, seeking to establish a framework for their working conditions, pay rates, and other employment terms for the specified period.

The primary legal issue before the Commission was whether the agreement complied with the requirements of the Fair Work Act 2009, particularly focusing on the provisions concerning minimum entitlements, procedural fairness, and the overall fairness of the terms and conditions outlined in the agreement. The Commission needed to assess whether the agreement provided for the minimum entitlements required by the Act, was free from prohibited content, and was procedurally and substantively fair.

The Commission found that the agreement did indeed meet the necessary criteria. The agreement was comprehensive in providing for minimum entitlements, including fair pay rates and reasonable working hours. Furthermore, the Commission was satisfied that the agreement was free from prohibited content, such as provisions that could be considered discriminatory or otherwise unlawful. The agreement was also found to be procedurally fair, as it had been developed through proper consultation and negotiation processes. In terms of substantive fairness, the Commission concluded that the terms and conditions of the agreement were reasonable and balanced, taking into account the needs and interests of both the employees and the employer.

As a result of these findings, the Commission approved the Rapidcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, thereby giving it legal effect and ensuring that it would govern the employment conditions of the relevant workers for the specified period. This decision provides certainty and stability for both the employees and the employer, allowing them to operate under a clear and approved framework for the duration of 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