Construction, Forestry and Maritime Employees Union

[2025] FWCA 2138

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1908)

MCCARTHY FAMILY TRUST (THE TRUSTEE FOR) T/AS EARTHWORKS GEELONG 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
COMMISSIONER LEE	MELBOURNE, 30 JUNE 2025

Application for approval of the MCCARTHY FAMILY TRUST (THE TRUSTEE FOR) T/AS EARTHWORKS GEELONG 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 MCCARTHY FAMILY TRUST (THE TRUSTEE FOR) T/AS EARTHWORKS GEELONG 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.

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 7 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 case involved an application for the approval of a proposed enterprise agreement between Earthworks Geelong Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU), specifically for the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission, which is responsible for overseeing and approving enterprise agreements under the Fair Work Act 2009.

The legal issues before the Commission were whether the proposed agreement met the requirements of the Fair Work Act, including provisions relating to good faith bargaining, coverage, and the avoidance of unnecessary complexity. The Commission had to determine if the agreement was made in good faith, if it covered a proper bargaining unit, and if it adhered to the principle of avoiding unnecessary complexity. Additionally, the Commission examined whether the agreement complied with the provisions concerning pay rates, hours of work, and other terms and conditions of employment.

The Commission found that the agreement was made in good faith and covered a proper bargaining unit. It noted that the agreement was clear and concise, avoiding unnecessary complexity. The Commission approved the agreement, finding that it met all the requirements of the Fair Work Act. The Commission was satisfied that the agreement provided for fair and reasonable terms and conditions of employment for the employees covered by the agreement.

As a result of the Commission's approval, the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 is now in effect, governing the employment terms and conditions between Earthworks Geelong Pty Ltd and the CFMEU for the specified period. The agreement is binding on all parties and will be enforceable under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established