Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1688

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/1281)

NATIONAL CIVIL & FOUNDATIONS PTY LTD TRUSTEE FOR THE B&R NATIONAL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the NATIONAL CIVIL & FOUNDATIONS PTY LTD TRUSTEE FOR THE B&R NATIONAL and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the NATIONAL CIVIL & FOUNDATIONS PTY LTD TRUSTEE FOR THE B&R NATIONAL and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 8 May 2025.

On 12 May 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Mark Soane and supporting material which resolved the pre-approval concerns identified.

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

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CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, on behalf of the employees, and National Civil and Foundations Pty Ltd, as the employer, were involved in an application to the Fair Work Commission. They sought approval for the National Civil & Foundations Pty Ltd Trustee for the B&R National and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. This agreement covered the terms of employment for subcontractors in the piling industry within Victoria. The application was brought before the Fair Work Commission to ensure the agreement complied with the Fair Work Act 2009 and to provide certainty for both parties.

The legal issues before the court centred on whether the proposed enterprise agreement met the statutory requirements set out in the Fair Work Act. This included verifying that the agreement contained all necessary provisions, that it was fairly negotiated, and that it did not contravene any aspects of the Act or common law. Additionally, the court had to consider whether the agreement provided for the fair treatment of employees, including minimum wages, leave entitlements, and other employment conditions.

In delivering the decision, the Fair Work Commission examined the provisions of the proposed agreement in detail. It found that the agreement comprehensively covered all mandated topics and was the result of genuine negotiation between the parties. The commission concluded that the agreement did not contain any provisions that were contrary to the Fair Work Act or other relevant laws. Furthermore, it was deemed to offer fair and reasonable terms for the employees, addressing their needs and ensuring compliance with statutory minimum standards. The court approved the agreement, providing both parties with the clarity and legal certainty they sought.

The Fair Work Commission approved the National Civil & Foundations Pty Ltd Trustee for the B&R National and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. This decision was made effective from the date of approval, ensuring that the agreement would govern the employment terms for subcontractors in the piling industry in Victoria for the specified period.

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