Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1828

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1536)

MELBOURNE GRADERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 MAY 2025

Application for approval of the Melbourne Graders Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Melbourne Graders Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, on behalf of its members employed in the earthmoving, excavation, and drainage industries in Victoria, filed an application for the approval of the Melbourne Graders Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The application sought the Fair Work Commission's endorsement of the proposed enterprise agreement, which aimed to regulate the terms and conditions of employment between Melbourne Graders Pty Ltd and the union's members.

The primary legal issues that the Fair Work Commission had to address were whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement that it be in writing, cover a specific period, and provide for the terms and conditions of employment of the employees covered by it. Additionally, the Commission needed to determine if the agreement satisfied the requirements for "being in the interests of employees" and "being fair and appropriate" under the legislation.

After thorough consideration of the arguments presented by both parties and the provisions of the Fair Work Act, the Fair Work Commission found that the proposed enterprise agreement met all the necessary criteria. The agreement was in writing, covered a specified period, and contained the terms and conditions of employment for the relevant employees. The Commission determined that the agreement was in the interests of the employees, as it provided for fair and reasonable terms of employment, including provisions for wages, leave, and other benefits. Consequently, the Fair Work Commission approved the proposed enterprise agreement.

The Fair Work Commission ordered that the Melbourne Graders Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009. This decision provides legal certainty for both employers and employees in the earthmoving, excavation, and drainage industries in Victoria and ensures that the terms and conditions of employment are governed by a fair and reasonable agreement.

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