Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1691

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1375)

SLIPCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 21 MAY 2025

Application for approval of the SLIPCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SLIPCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 15 May 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case were the Construction, Forestry and Maritime Employees Union and Slipcrete Pty Ltd. The dispute pertained to the approval of a Subcontractors Concrete Placement Enterprise Agreement for the period 2024-2027. The application was heard in the Fair Work Commission, Australia's workplace relations tribunal. The union sought approval of the enterprise agreement, which would govern the terms and conditions of employment for workers in the concrete placement industry engaged by Slipcrete Pty Ltd. The central legal issue was whether the agreement met the requirements of the Fair Work Act 2009, specifically whether it was a genuine enterprise agreement, fairly and appropriately negotiated, and contained provisions that were in the best interests of the employees.

The Commission examined whether the agreement was genuinely negotiated between the parties and whether it appropriately reflected the interests of the employees. The union argued that the agreement was the product of good faith negotiations and was beneficial to the employees. Slipcrete Pty Ltd supported the union's claims, asserting that the agreement was a fair and reasonable outcome of the negotiations. The Commission considered evidence from both parties and assessed whether the agreement complied with the legal standards for genuine enterprise agreements. The Commission also evaluated whether the agreement contained provisions that were in the best interests of the employees, considering factors such as wages, working conditions, and other relevant terms.

After thorough consideration, the Commission found that the agreement was genuinely negotiated and met the legal requirements for approval. The Commission determined that the agreement contained provisions that were in the best interests of the employees, including fair wages and reasonable working conditions. The Commission approved the Slipcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027, acknowledging the efforts of both parties in reaching a fair and reasonable agreement. The decision was made in the interest of maintaining fair and balanced workplace relations within the concrete placement industry.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established