Construction, Forestry and Maritime Employees Union

[2025] FWCA 2015

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1657)

RTL MINING AND EARTHWORKS 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 19 JUNE 2025

Application for approval of the RTL Mining and Earthworks 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 RTL Mining and Earthworks 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 I 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 15 April 2025 and the Agreement was made on 22 May 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 26 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 matter before the Fair Work Commission concerned an application for the approval of a new enterprise agreement between RTL Mining and Earthworks Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose as the parties sought to finalise a new agreement to govern their employment relations, including wages, conditions, and other employment terms. The Commission was tasked with determining whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement complied with the various statutory provisions set out in the Fair Work Act, including provisions related to bargaining, the process for seeking approval, and the substantive content of the agreement. The Commission needed to consider whether the agreement was genuinely negotiated, whether it provided for a fair and efficient workplace, and whether it adhered to the procedural requirements for seeking approval. Additionally, the Commission had to assess if the agreement was in the best interests of the employees and employers involved.

In examining the evidence and submissions presented by both parties, the Commission found that the agreement was genuinely negotiated and contained provisions that were fair and efficient. The agreement was structured to provide for a clear and equitable framework for wages, hours, and other employment conditions, and it included mechanisms for resolving disputes. The Commission also determined that the agreement met all procedural requirements for approval, including adequate notification and consultation processes. Given these findings, the Commission approved the agreement, recognising it as meeting the statutory criteria for endorsement.

The Fair Work Commission approved the RTL Mining and Earthworks Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The decision was based on the finding that the agreement was genuinely negotiated, contained fair and efficient terms, and complied with all statutory requirements for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established