Construction, Forestry and Maritime Employees Union

[2025] FWCA 1766

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1462)

WALKER EQUIPMENT HIRE PTY LTD AS TRUSTEE FOR B & L WALKER FAMILY TRUST T/AS WALKER GRADER HIRE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 MAY 2025

Application for approval of the WALKER EQUIPMENT HIRE PTY LTD AS TRUSTEE FOR B & L WALKER FAMILY TRUST T/AS WALKERGRADER HIRE 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 WALKER EQUIPMENT HIRE PTY LTD AS TRUSTEE FOR B & L WALKER FAMILY TRUST T/AS WALKERGRADER HIRE and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union (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) of the Act, 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

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CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) filed an application for the approval of the WALKER EQUIPMENT HIRE PTY LTD AS TRUSTEE FOR B & L WALKER FAMILY TRUST T/AS WALKERGRADER HIRE and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The dispute involved the terms and conditions of employment for subcontractors in the earthmoving, excavation, and drainage sectors, focusing on the fairness and effectiveness of the proposed agreement in meeting the needs of both employers and employees.

The central legal issues addressed by the Commission involved the compliance of the agreement with the Fair Work Act 2009, specifically whether the agreement met the criteria for being a "registerable" agreement under the Act. This included scrutinising the fairness of the terms and conditions, the process by which the agreement was negotiated, and whether it provided for the protection of the rights of employees and employers. The Commission also considered the public interest in approving such an agreement, given its potential impact on the industry.

The Commission examined the provisions of the agreement in detail, assessing whether they provided for appropriate terms and conditions, including wages, hours of work, leave provisions, and dispute resolution mechanisms. It considered submissions from both the CFMEU and the employer, as well as broader industry implications. After thorough analysis, the Commission concluded that the agreement was fair and reasonable, meeting the statutory requirements for registration. The terms provided a balanced approach to the needs of both parties, with adequate protections for employees and reasonable expectations for employers.

Consequently, the Commission approved the agreement, directing that it be registered and made applicable to the specified period. The decision underscored the importance of maintaining a fair and balanced industrial relationship, while also recognising the need for flexibility and adaptability in the evolving nature of the construction industry. The final orders provided for the registration of the agreement, effective from the date of the decision, ensuring that both parties would be bound by its terms for the stipulated period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established