Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2047

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1815)

THE TRUSTEE FOR SS CONCRETE COMMERCIAL GROUP TRUST AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JUNE 2025

Application for approval of the TRUSTEE FOR SS CONCRETE COMMERCIAL GROUP TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the TRUSTEE FOR SS CONCRETE COMMERCIAL GROUP TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 April 2025 and the Agreement was made on 6 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 30 June 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 trustee for the SS Concrete Commercial Group Trust and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) sought approval of the Subcontractors Concrete Placement Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission. The applicant union claimed the agreement contained provisions that were not adverse to the employees but rather provided them with benefits and protections that they would not otherwise have. The applicant employer submitted that certain provisions of the agreement were not bona fide attempts to regulate the workplace relationship and were, in fact, contrary to the employees' interests.

The Commission considered whether the provisions of the agreement were bona fide attempts to regulate workplace relations and whether they were adverse to the employees. The Commission found that the provisions were not adverse to the employees but rather provided them with benefits and protections that they would not otherwise have. The Commission also found that the provisions were bona fide attempts to regulate workplace relations. The Commission approved the agreement, noting that the parties had engaged in good faith bargaining and that the agreement was in the best interests of the employees.

The Fair Work Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2024-2027. The Commission found that the provisions of the agreement were not adverse to the employees and were bona fide attempts to regulate workplace relations. The Commission noted that the parties had engaged in good faith bargaining and that the agreement was in the best interests of the employees. The Commission approved the agreement on the basis that it met the requirements of the Fair Work Act 2009.

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