Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1833

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1526)

OCEANA CONCRETE PUMPING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 30 MAY 2025

Application for approval of the OCEANA CONCRETE PUMPING 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 OCEANA CONCRETE PUMPING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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.

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 6 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 an application by the Construction, Forestry and Maritime Employees Union (CFMEU) and Oceana Concrete Pumping Pty Ltd for the approval of a new enterprise agreement. The dispute was heard in the Fair Work Commission. The primary legal issue was whether the proposed enterprise agreement, titled the Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, met the statutory requirements set forth in the Fair Work Act 2009. The Commission had to determine if the agreement complied with the formal requirements for approval and if it was in the best interests of the employees covered by the agreement.

The Commission examined the proposed agreement to ascertain if it adhered to the procedural and substantive requirements under the Fair Work Act. This included verifying that the agreement had been subject to a genuine process of negotiation and that it was free from any procedural defects. The Commission also assessed whether the agreement was likely to have a beneficial effect on the employees by ensuring fair terms and conditions of employment. In its assessment, the Commission considered the balance of benefits and detriments to the employees and whether it was appropriate to approve the agreement given the circumstances.

After thorough consideration, the Fair Work Commission determined that the proposed agreement did indeed meet all the necessary statutory requirements. The Commission found that the agreement was the product of genuine negotiations and was procedurally sound. It also concluded that the agreement was in the best interests of the employees, as it provided fair and reasonable terms and conditions of employment. Consequently, the Commission approved the Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, effective from the date of the decision.

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