Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1668

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1368)

SUBTERRANEAN SOLUTIONS 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
DEPUTY PRESIDENT BELL	MELBOURNE, 19 MAY 2025

Application for approval of the SUBTERRANEAN SOLUTIONS 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 SUBTERRANEAN SOLUTIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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.

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 19 May 2025 and, in accordance with s.54 of the Act, will operate from 26 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a new enterprise agreement between Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division). This application was brought before the Fair Work Commission to assess whether the agreement met the necessary legislative criteria for approval. The agreement in question pertained to subcontractors engaged in earthmoving, excavation, and drainage services within Victoria. It was crucial to determine if the agreement provided for fair and equitable terms of employment and if it adhered to the relevant provisions of the Fair Work Act 2009.

The legal issues before the Commission involved whether the proposed agreement contained the mandated minimum terms, if it was negotiated in good faith, and if it adhered to the procedural requirements set out in the Fair Work Act. Additionally, the Commission needed to consider if the agreement met the public interest test, ensuring it would not have an adverse effect on the broader economy or industrial relations system. The central focus was on whether the agreement provided adequate protections and benefits for the employees involved.

The Commission examined the agreement thoroughly, considering the specific provisions and the context of the industry. It was determined that the agreement did include the necessary minimum terms and was negotiated in good faith. The Commission also found that the agreement did not negatively impact the broader economy or industrial relations system, thereby satisfying the public interest test. Given these findings, the Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, as it met all the statutory requirements and provided fair terms for the employees.

As a result of the Commission's approval, the agreement became a legally binding enterprise agreement between Subterranean Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision ensures that the terms and conditions set out in the agreement are enforceable and provide for the fair treatment of the employees involved.

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