Construction, Forestry and Maritime Employees Union

[2025] FWCA 1675

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1427)

PAD CONTRACTING PTY LTD 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, 20 MAY 2025

Application for approval of the Pad Contracting Pty Ltd 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 PAD CONTRACTING PTY LTD 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, 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 27 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, on behalf of employees, and Pad Contracting Pty Ltd, as an employer, sought approval of a proposed enterprise agreement. The agreement in question was the Pad Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The crux of the matter was the negotiation and terms of the proposed agreement, which sought to regulate employment conditions for earthmoving, excavation and drainage subcontractors.

The legal issues before the court encompassed the compliance of the proposed agreement with the Fair Work Act 2009. This involved verifying if the agreement met the criteria for being a "registered agreement" under the Act, including whether it had been fairly and properly negotiated, and if the terms and conditions were consistent with the provisions of the Act. Further, the court needed to assess whether the agreement adequately covered all necessary matters, including pay, classification, and dispute resolution mechanisms.

The court meticulously reviewed the negotiation process, examining the evidence provided by both parties regarding the fairness of the bargaining process. The court determined that the proposed agreement had been fairly negotiated, and that all terms and conditions adhered to the legislative requirements. It was noted that the agreement contained provisions for minimum wages, classifications, and dispute resolution mechanisms. The court was satisfied that the agreement was not contrary to public policy and would not have a detrimental effect on the broader economy. Consequently, the court approved the proposed agreement, deeming it compliant with the Fair Work Act 2009.

The final orders of the court were to approve the Pad Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from 1 April 2024, for a duration of three years. The agreement was to be registered with the Fair Work Commission, and all parties were directed to abide by its terms and conditions.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established