Construction, Forestry and Maritime Employees Union

[2025] FWCA 1680

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1440)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 20 MAY 2025

Application for approval of the Coco Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Coco Civil Group 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 20 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of the Coco Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, with the Construction, Forestry and Maritime Employees Union representing the employees and Coco Civil Group Pty Ltd representing the employer. The nature of the dispute centred on whether the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed enterprise agreement was in compliance with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider whether the agreement provided for fair and reasonable terms and conditions, including adequate protections for employee entitlements and rights. The Commission also had to determine whether the agreement had been made in good faith and whether it included appropriate mechanisms for dispute resolution.

In delivering its decision, the Commission examined the provisions of the proposed enterprise agreement and considered the submissions from both parties. The Commission noted that the agreement included terms that were fair and reasonable, and provided appropriate protections for employee entitlements. The Commission also found that the agreement had been made in good faith and included adequate dispute resolution mechanisms. Accordingly, the Commission was satisfied that the proposed enterprise agreement met the statutory requirements for approval under the Fair Work Act.

As a result, the Fair Work Commission approved the Coco Civil Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The agreement is now legally binding on both parties and will govern the terms and conditions of employment for the relevant employees. The Commission's decision provides certainty and stability for both employers and employees in the construction industry, and ensures that the agreement meets the statutory requirements for approval under the Fair Work Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established