Construction, Forestry and Maritime Employees Union
[2025] FWCA 3456
•16 OCTOBER 2025
| [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
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