Construction, Forestry and Maritime Employees Union

[2025] FWCA 1615

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1381)

MJB CONTRACTORS 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 MASSON	MELBOURNE, 15 MAY 2025

Application for approval of the MJB CONTRACTORS 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 MJB CONTRACTORS 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). It has been made by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 8 April 2025 and the Agreement was made on 30 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 22 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 to the Fair Work Commission for the approval of a proposed enterprise agreement between MJB Contractors Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The application was made under section 232 of the Fair Work Act 2009, seeking to have the agreement certified as a registered agreement, making it legally binding on the parties involved. The dispute centred around the terms and conditions outlined in the proposed agreement, including wages, working conditions, and other employment-related matters.

The primary legal issues before the Commission were whether the proposed agreement met the requirements for registration under the Fair Work Act 2009, and whether it complied with the procedural requirements set out in the Act. Specifically, the Commission had to determine if the agreement was made in good faith, if it contained the minimum terms and conditions mandated by the Act, and if it adhered to the procedural fairness principles, including adequate consultation with the employees. The Commission also needed to ensure that the agreement did not contain any terms that were contrary to public policy.

The Fair Work Commission found that the proposed agreement met all the necessary criteria for registration. The Commission was satisfied that the agreement was made in good faith and included all the minimum terms and conditions required by the Fair Work Act 2009. It was also determined that the agreement complied with procedural fairness principles, with appropriate consultation processes undertaken. The Commission noted that there were no terms in the agreement that contravened public policy. Consequently, the Commission approved the agreement, which will now be binding on the parties involved, effective from the specified period.

In approving the agreement, the Fair Work Commission issued a certificate of registration under section 235 of the Fair Work Act 2009. This certificate legally binds the agreement and renders it enforceable. The approved agreement will now govern the employment terms and conditions between MJB Contractors Pty Ltd and the employees covered by the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established