Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1893

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1624)

THE NEXT GENERATION CONCRETE PUMPING (VIC) TRUST (THE TRUSTEE FOR) NEXT GENERATION CONCRETE PUMPING (VIC) 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, 6 JUNE 2025

Application for approval of THE NEXT GENERATION CONCRETE PUMPING (VIC) TRUST (THE TRUSTEE FOR) NEXT GENERATION CONCRETE PUMPING (VIC) 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 THE NEXT GENERATION CONCRETE PUMPING (VIC) TRUST (THE TRUSTEE FOR) NEXT GENERATION CONCRETE PUMPING (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (Agreement). The application was made by 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.

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 13 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involved an application for the approval of a Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 between The Next Generation Concrete Pumping (Vic) Trust, acting as trustee for Next Generation Concrete Pumping (Vic) Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission to determine whether the agreement should be certified as a single-employer agreement under the Fair Work Act 2009. The dispute centred on the terms and conditions of employment within the concrete pumping industry and whether the proposed agreement met the legal criteria for approval.

The primary legal issue the court had to address was whether the agreement complied with the requirements set out in the Fair Work Act, specifically sections 230 and 231, which outline the process for the approval of enterprise agreements. The court examined the application to ascertain if the agreement was genuinely a single-employer agreement, if it had been fairly and genuinely negotiated, and if it met the other statutory criteria for approval. Additionally, the court considered the implications of the agreement on the employees' terms and conditions of employment and the broader industry context.

In reaching its decision, the court meticulously reviewed the negotiation process and the content of the agreement, ensuring that it adhered to the legal standards for single-employer agreements. The court found that the agreement had been fairly and genuinely negotiated and met all statutory requirements. The court approved the agreement, confirming that it was a genuine single-employer agreement and that it provided for the proper operation of the industry. The court's decision was based on the evidence presented and the compliance of the agreement with the relevant provisions of the Fair Work Act.

The court ordered the approval of the Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission, and it would govern the terms and conditions of employment for the employees of Next Generation Concrete Pumping (Vic) Pty Ltd covered by the agreement. This decision was intended to ensure that the employees had a fair and comprehensive enterprise agreement that protected their rights and interests.

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