Construction, Forestry and Maritime Employees Union

[2025] FWCA 1949

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1696)

EARTHEX GROUP TRUST (THE TRUSTEE FOR) AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 13 JUNE 2025

Application for approval of the Earthex Group Trust (The Trustee For) 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 Earthex Group Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 20 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 matter involved the Construction, Forestry and Maritime Employees Union, along with the Earthex Group Trust, seeking approval for the Enterprise Agreement for subcontractors in the earthmoving, excavation, and drainage sectors within Victoria. The application was lodged before the Fair Work Commission, which was tasked with determining whether the agreement should be certified and made legally binding. The dispute centred on the terms of the proposed agreement and whether it complied with the requirements set forth in the Fair Work Act 2009.

The primary legal issues the Commission had to address included whether the agreement had been made in good faith, whether it contained appropriate mechanisms for resolving disputes, and if the agreement met the criteria for being a "single, clear, and simple" enterprise agreement. Furthermore, the Commission considered whether the agreement provided for the proper protection of workers' rights and entitlements, and whether the process of making the agreement was fair and compliant with the necessary procedural requirements.

In rendering its decision, the Fair Work Commission carefully examined the evidence and submissions presented by both parties. The Commission found that the agreement was made in good faith and that the process of its making was fair. It also determined that the agreement contained appropriate dispute resolution mechanisms and was a single, clear, and simple document. The Commission concluded that the agreement appropriately protected workers' rights and entitlements, and met all the legislative criteria for approval. Consequently, the Commission approved the agreement, making it a legally binding enterprise agreement.

The Fair Work Commission's final orders included the approval and certification of the Earthex Group Trust (The Trustee For) and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement was to be registered with the Fair Work Commission, and it was to be in effect from the date of the decision. This outcome meant that the terms and conditions outlined in the agreement would govern the employment of subcontractors in the specified sectors within Victoria for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established