Construction, Forestry and Maritime Employees Union

[2025] FWCA 1789

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1444)

MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD T/AS MARCON CIVIL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 28 MAY 2025

Application for approval of the MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD T/AS MARCON CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MARTELLO FAMILY TRUST (TRUSTEE FOR) MARTELLO CONCRETING PTY LTD T/AS MARCON CIVIL and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 4 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 case involved an application by the Martello Family Trust, trustee for Martello Concreting Pty Ltd trading as Marcon Civil, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The dispute was heard in the Fair Work Commission, a tribunal established under the Fair Work Act 2009, which has jurisdiction over matters related to industrial relations and employment.

The legal issues before the Commission involved whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. These criteria included whether the agreement was made in good faith, whether it was appropriately negotiated, and whether it provided for the fair and efficient resolution of workplace issues. The Commission also needed to determine if the agreement complied with the "better off overall test" (BOOT), which requires that the agreement be more favourable to employees than their previous conditions or the applicable minimum standards.

The Fair Work Commission found that the agreement was made in good faith, was appropriately negotiated, and was compliant with the relevant statutory provisions. The Commission concluded that the agreement provided for the fair and efficient resolution of workplace issues and satisfied the BOOT. The Commission emphasised that the agreement included provisions that improved the terms and conditions of employment for the relevant workers, including wage increases, enhanced entitlements, and clearer dispute resolution mechanisms. As a result, the Commission approved the enterprise agreement.

The final order of the Fair Work Commission was that the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, as proposed by the Martello Family Trust and the Construction, Forestry and Maritime Employees Union, was approved and would be registered under the Fair Work Act 2009. This decision was effective from the date of the Commission's approval and applied to all employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established