Construction, Forestry and Maritime Employees Union

[2025] FWCA 3516

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3520)

KELLEX 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, 22 OCTOBER 2025

Application for approval of the KELLEX 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 KELLEX 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 (CFMEU) 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 29 October 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 the matter were the Construction, Forestry and Maritime Employees Union and Kellex Pty Ltd, who were seeking approval for their Enterprise Agreement from 2024 to 2027. The nature of the dispute was the formal approval of a specific Enterprise Agreement concerning subcontractors in the earthmoving, excavation, and drainage sectors within Victoria. This case was heard by the Fair Work Commission.

The central legal issue was whether the proposed Enterprise Agreement met the necessary standards and requirements as stipulated by the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was made in good faith, whether it provided for fair and reasonable terms, and if it was free from any prohibited content. Additionally, the court examined whether the agreement provided adequate protections and benefits to the employees involved.

The Fair Work Commission concluded that the proposed Enterprise Agreement was compliant with the statutory requirements. The agreement was deemed to be made in good faith, providing fair and reasonable terms and conditions for the employees. The court found that the agreement contained necessary protections for employees and did not include any prohibited content. Therefore, the Commission approved the Enterprise Agreement for the specified period. As a result, the agreement will govern the employment conditions for the relevant subcontractors within the earthmoving, excavation, and drainage sectors in Victoria.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established