Construction, Forestry and Maritime Employees Union

[2025] FWCA 3456

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3235)

NELSON ASPHALTING AND EXCAVATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ASPHALT & LINEMARKING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 OCTOBER 2025

Application for approval of the NELSON ASPHALTING AND EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Asphalt & Linemarking Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the NELSON ASPHALTING AND EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Asphalt & Linemarking 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.

Prior to the matter being allocated to me, the Australian Workers’ Union (AWU) requested a copy documents filed in relation to the application and also requested to be heard.

Upon the application being allocated to me, I asked the AWU to file an outline of matters they wish to raise by close of business 3 October 2025. They AWU did so, and its concerns were, in summary, directed at the CFMEU’s capacity to be a bargaining representative in light of the AWU’s contention that the employer primarily performs civil construction. In response, I received a statement from the employer giving further explanation of its operations. Those matters were consistent with the Form F17B employer declaration made by the employer, as well as the Form F18 declaration by the CFMEU, filed at the beginning of the application. It is unnecessary to set out the detail but I am readily satisfied that the CFMEU is a proper bargaining representative and is competent to make the application.

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 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 16 October 2025 and, in accordance with s.54 of the Act, will operate from 23 October 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 matter of the Construction, Forestry and Maritime Employees Union, an application was made for approval of the NELSON ASPHALTING AND EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Asphalt & Linemarking Enterprise Agreement 2024 – 2027. The dispute centred around the terms and conditions of employment outlined in the proposed enterprise agreement, which was to govern the relationship between the employer and the employees represented by the union for the specified period. The application was heard in the Fair Work Commission, which has the jurisdiction to approve such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the statutory requirements for approval. This involved an assessment of whether the agreement contained the necessary minimum terms and conditions as prescribed by the Act, and whether it was made in good faith and without any coercion. The Commission also needed to consider whether the agreement provided for a fair and reasonable balance between the interests of the employees and the employer.

In delivering its decision, the Commission examined the contents of the proposed agreement in detail. It considered the provisions regarding wages, hours of work, leave entitlements, and other employment conditions. The Commission found that the agreement contained all the required minimum terms and conditions and that it had been made in good faith. The balance of the terms was deemed fair and reasonable, taking into account the specific circumstances of the industry and the parties involved. Consequently, the Commission approved the agreement, recognising its compliance with the statutory requirements and its potential to provide a fair working arrangement for the employees.

The final orders of the Commission included the approval of the NELSON ASPHALTING AND EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Asphalt & Linemarking Enterprise Agreement 2024 – 2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment terms and conditions for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established