Construction, Forestry and Maritime Employees Union

Case

[2025] FWCA 1813

29 MAY 2025


[2025] FWCA 1813

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1525)

WORKSTAFF PTY LTD AND CONCORP TRADING PTY LTD T/AS PRECISION SHOTCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries

DEPUTY PRESIDENT BELL

MELBOURNE, 29 MAY 2025

Application for approval of the WORKSTAFF PTY LTD AND CONCORP TRADING PTY LTD T/AS PRECISION SHOTCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

  1. An application has been made for approval of an enterprise agreement known as the WORKSTAFF PTY LTD AND CONCORP TRADING PTY LTD T/AS PRECISION SHOTCRETE 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) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

  1. Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

  1. The Agreement covers two employers, Workstaff Pty Ltd and Concorp Trading Pty Ltd. Only one Form F17B employer declaration was filed in support of the application. In accordance with Rule 7(1) of the Fair Work Rules 2024, I dispense with the requirement under Rule 32(3) that each employer that is covered by the agreement must lodge a declaration by the employer, in support of the application for approval.

  1. 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. In accordance with s.201(2) I note that the Agreement covers the organisation.

  1. The Agreement was approved on 29 May 2025 and, in accordance with s.54 of the Act, will operate from 5 June 2025. The nominal expiry date of the Agreement is 2 July 2027.


DEPUTY PRESIDENT

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