Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2162

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1932)

EASTERN CIVIL SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB, CHANNEL & PAVEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2025

Application for approval of the EASTERN CIVIL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the EASTERN CIVIL SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement 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 9 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Enterprise Agreement between Eastern Civil Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024-2027. The primary dispute was over the terms and conditions of employment for workers in the concrete kerb, channel, and pavement sector within the specified timeframe.

The legal issues before the Commission involved determining whether the agreement met the requirements under the Fair Work Act 2009, including whether it was a "better off overall test" (BOOT) agreement and if it provided for minimum terms and conditions. The Commission also needed to assess if the agreement was free from any unfair content and whether it complied with procedural fairness requirements.

In its decision, the Commission examined the submissions from both parties and the provisions of the agreement. It found that the agreement did meet the BOOT and provided for the minimum terms and conditions as required by the Fair Work Act. The Commission concluded that the agreement was procedurally fair and did not contain any unfair content. Consequently, the Commission approved the agreement, noting its positive impact on the employees' working conditions and terms.

The final orders included the approval of the Enterprise Agreement, which is now legally binding between Eastern Civil Solutions Pty Ltd and the relevant employees covered by the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024-2027.

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