| [2025] FWCA 1599 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1345)
POLYBLITZ JACKHAMMERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ROCKBREAKER ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 13 MAY 2025 |
Application for approval of the POLYBLITZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the POLYBLITZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker 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 the 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 17 March 2025 and the Agreement was made on 28 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 20 May 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
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<AE528999 PR787275>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1599
- Case
- [2025] FWCA 1599
- Decision Date
CaseChat Overview and Summary
The primary legal issues the court had to address included whether the enterprise agreement provided for a fair and reasonable system of classification and rates of pay, and whether it complied with the procedural requirements set forth by the relevant industrial laws. Additionally, the court needed to ensure that the agreement did not discriminate against employees and that it adhered to the principles of good faith bargaining.
In assessing the agreement, the court considered the submissions made by both parties and reviewed the detailed provisions of the enterprise agreement. The court found that the agreement contained provisions that were fair and reasonable in terms of classification and remuneration. It also determined that the agreement was procedurally sound and did not contain any discriminatory clauses. Furthermore, the court was satisfied that the agreement reflected the principles of good faith bargaining.
Consequently, the court approved the POLYBLITZ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 - 2027. The approval was granted, and the agreement was registered, effective from the date of the court's decision.
Orders
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