Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2181

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1953)

ASG PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 3 JULY 2025

Application for approval of the ASG PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ASG PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 22 May 2025 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 10 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 involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and ASG Projects Pty Ltd for the approval of their Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. This application was heard by the Fair Work Commission, which must decide whether the agreement meets the criteria for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the agreement complied with the requirements of section 232 of the Fair Work Act, which mandates that an enterprise agreement must be in writing, and include provisions on the duration of the agreement, the classification of employees, wages and conditions of employment, and other prescribed matters. The Commission had to assess whether the agreement satisfied these statutory requirements and whether it had been genuinely negotiated between the parties.

In making its decision, the Commission examined the provisions of the agreement and found that it met the statutory requirements outlined in section 232. The Commission noted that the agreement was in writing and included necessary details such as the duration of the agreement, employee classification, and provisions for wages and conditions of employment. The Commission also determined that the agreement had been genuinely negotiated, as evidenced by the submissions and evidence provided by both parties. As a result, the Commission approved the agreement, recognising it as a registered enterprise agreement under the Fair Work Act.

The Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 between ASG Projects Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement is now a registered enterprise agreement under the Fair Work Act, and the parties are bound by its terms until the agreement expires.

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