Construction, Forestry and Maritime Employees Union

[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

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.

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.

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.

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.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) lodged an application for the 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. The agreement sought to regulate the terms and conditions of employment for concrete pumping subcontractors working within the specified period. The primary dispute centred on whether the agreement met the criteria for approval under the Fair Work Act 2009, particularly focusing on whether it complied with the better-off-overall test and the good faith bargaining requirement.

The court had to determine if the agreement provided employees with terms and conditions that were no less favourable than the applicable award or registered agreement, and if the parties had genuinely bargained in good faith. It was also necessary to assess if the agreement was made in accordance with the provisions of the Fair Work Act and whether it covered all the required matters as stipulated by the Act.

The Commission reviewed the evidence presented by both parties and considered the broader implications of the agreement on the employees' rights and protections. The Commission found that the agreement did indeed meet the better-off-overall test, as it provided terms and conditions that were not less favourable than those under the applicable award. Furthermore, the Commission was satisfied that the agreement was the product of genuine and good faith bargaining, with both parties engaging constructively throughout the negotiation process. Consequently, the Commission approved the agreement, ensuring that it would be applicable from the specified commencement date.

The final order was that 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 was approved and would come into effect as per the terms outlined in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established