Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1848)

ABS CONCRETE PUMPING 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 BELL	MELBOURNE, 25 JUNE 2025

Application for approval of the ABS CONCRETE PUMPING 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 ABS CONCRETE PUMPING 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The 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 was approved on 25 June 2025 and, in accordance with s.54 of the Act, will operate from 2 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 for approval of a proposed enterprise agreement between ABS Concrete Pumping Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for subcontractors engaged in concrete pumping. The application was heard by the Fair Work Commission. The primary legal issues before the Commission were whether the proposed agreement complied with the requirements of the Fair Work Act 2009 and whether it met the criteria for being a "better off overall" agreement. This involved assessing if the agreement provided a fair and reasonable outcome for the employees covered by it, considering factors such as pay rates, conditions of employment, and dispute resolution mechanisms.

The Fair Work Commission examined the proposed agreement in detail, considering submissions from both parties and the overall context of the industry. The Commission found that the agreement included provisions that adequately addressed the needs and interests of the employees while also taking into account the commercial realities faced by the employer. The Commission concluded that the agreement was fair and reasonable, providing a balance of benefits and obligations that met the "better off overall" test. Consequently, the Commission approved the proposed enterprise agreement, subject to the usual transitional provisions and the right of employees to vote on the agreement. The decision was made in the interest of achieving a fair outcome for both the employees and the employer, promoting industrial harmony and stability.

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