Construction, Forestry and Maritime Employees Union

[2025] FWCA 1662

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1420)

THE TRUSTEE FOR THE ANGLO ITALIAN CONCRETE UNIT TRUST T/AS ANGLO ITALIAN CONCRETE AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 19 MAY 2025

Application for approval of THE TRUSTEE FOR THE ANGLO ITALIAN CONCRETE UNIT TRUST T/AS ANGLO ITALIAN CONCRETE 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 TRUSTEE FOR THE ANGLO ITALIAN CONCRETE UNIT TRUST T/AS ANGLO ITALIAN CONCRETE and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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 and 188 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 case involved an application by The Trustee for the Anglo Italian Concrete Unit Trust T/AS Anglo Italian Concrete, in their capacity as an employer, and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division) Subcontractors Concrete Placement Branch, as a trade union, for the approval of the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The application was brought before the Fair Work Commission, which is the Australian workplace relations tribunal. The core of the dispute was whether the proposed enterprise agreement met the legal requirements under the Fair Work Act 2009, including provisions for minimum terms and conditions of employment, and whether it was appropriately certified.

The key legal issues before the Commission included verifying if the agreement contained all the mandated minimum terms and conditions, assessing whether the agreement was free from prohibited content, and ensuring that the agreement had been genuinely negotiated between the employer and the union. Another issue was the compliance of the agreement with the procedural requirements for enterprise agreements, such as the provision of relevant information to employees and the conduct of a vote if necessary. The Commission also needed to consider if the agreement was likely to have a detrimental effect on the operations of the business.

In delivering its decision, the Commission thoroughly examined the terms of the agreement, considering the evidence provided by both parties. It found that the agreement was comprehensive and included all the necessary minimum terms and conditions. The Commission determined that the agreement did not contain any prohibited content and was the result of genuine negotiations. It also noted that all procedural requirements had been met, including the provision of relevant information to employees and the conduct of a vote. Consequently, the Commission approved the enterprise agreement, finding it to be fair and balanced. The Commission’s decision was grounded in its assessment that the agreement was likely to facilitate efficient operations while protecting the rights and interests of the employees.

The Fair Work Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027, determining that it complied with all statutory requirements under the Fair Work Act 2009. This decision validated the agreement as a binding contract between the employer and the union, effective from the date of the Commission's approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established