Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 1598


[2025] FWCA 1598

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1332)

CONNECT 2 TRADE PTY LTD TA KONFORM CIVIL CONSTRUCTIONS 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, 13 MAY 2025

Application for approval of the Connect 2 Trade Pty Ltd TA Konform Civil Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

  1. The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Connect 2 Trade Pty Ltd TA Konform Civil Constructions 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.

  1. 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.

  1. 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.

  1. The Agreement was approved on 13 May 2025.

DEPUTY PRESIDENT
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<AE528997  PR787273>

Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 1598
Case
[2025] FWCA 1598
Decision Date

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, as the representative of certain employees, applied for approval of the Connect 2 Trade Pty Ltd trading as Konform Civil Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The agreement sought to regulate the employment conditions of concrete placers employed by Konform Civil Constructions. The dispute centred around whether the proposed enterprise agreement complied with the necessary legal and procedural standards, specifically under the Fair Work Act 2009.

The Commission was required to assess whether the application met the legal criteria for approval. This included verifying that the agreement was made in good faith, had been fairly negotiated, and included provisions that met the "better off overall test." The Commission also needed to ensure that the application was made in accordance with the relevant legislative requirements, including the appropriate registration and procedural formalities.

After thorough consideration, the Commission found that the application satisfied all legal and procedural requirements. The agreement was deemed to have been made in good faith and fairly negotiated, and it was determined that the employees would be better off overall by the terms of the agreement. The Commission concluded that the application met all statutory criteria and approved the enterprise agreement. This decision confirmed that the agreement was to be registered and would govern the employment conditions of the concrete placers employed by Konform Civil Constructions for the period specified.

The Commission's final order was that the Connect 2 Trade Pty Ltd trading as Konform Civil Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 be approved and registered. This decision ensures that the employment conditions set out in the agreement are legally enforceable and provide the necessary protections and entitlements to the employees covered by the agreement.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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