Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1992

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1804)

CONWAY FAMILY TRUST (THE TRUSTEE FOR) T/AS GCAR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING

Enterprise Agreement 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 JUNE 2025

Application for approval of the CONWAY FAMILY TRUST (THE TRUSTEE FOR) T/AS GCAR 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 CONWAY FAMILY TRUST (THE TRUSTEE FOR) T/AS GCAR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 June 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 applicant, Conway Family Trust trading as GCAR Pty Ltd, sought approval of an Enterprise Agreement with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The Fair Work Commission was tasked with determining whether the agreement met the necessary standards for approval. The crux of the matter lay in whether the proposed agreement adhered to the requisite legal and procedural stipulations set forth in the Fair Work Act 2009. The primary legal issues revolved around whether the agreement was fairly and genuinely negotiated and whether it complied with the provisions of the Fair Work Act, particularly concerning the procedural fairness and the content of the agreement.

The Commission meticulously reviewed the negotiation process and the resultant agreement. It examined whether the union had genuinely represented the employees and whether the agreement was made in good faith. Additionally, the Commission considered whether the agreement contained all the mandated terms and conditions and whether these were fair and reasonable. The Commission also assessed whether the negotiation process was transparent and whether the union had adequately informed and consulted with its members. After careful deliberation, the Commission concluded that the agreement met the statutory requirements for approval. The negotiation process was deemed fair and genuine, and the terms of the agreement were considered reasonable and in compliance with the Fair Work Act.

Having found that the agreement was fairly and genuinely negotiated and met all the statutory requirements, the Fair Work Commission approved the Enterprise Agreement between GCAR Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was set to be registered and would be in effect from the specified dates of 2024 to 2027, binding the parties and governing the terms and conditions of employment for the duration of the agreement. The Commission's decision underscored the importance of procedural fairness and compliance with the Fair Work Act in the negotiation and approval of Enterprise Agreements.

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