Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1535

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1274)

GROUND ZERO SERVICE LOCATING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS GROUND SERVICES LOCATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 8 MAY 2025

Application for approval of the GROUND ZERO SERVICE LOCATING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Ground Services Locating Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the GROUND ZERO SERVICE LOCATING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Ground Services Locating 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 28 March 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 15 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the Ground Zero Service Locating Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Ground Services Locating Enterprise Agreement 2024-2027. The dispute involved the terms and conditions of employment for ground services locating workers employed by Ground Zero Service Locating Pty Ltd. The application was heard by the Commission, which was tasked with determining whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009.

The central legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act. Specifically, the Commission needed to assess whether the agreement contained the necessary "no-disadvantage" and "better-off overall" tests. The "no-disadvantage" test required that the proposed terms and conditions not be less favourable than the applicable awards or the general industrial conditions. The "better-off overall" test mandated that the agreement had to provide employees with conditions that were at least as good as the applicable awards or general industrial conditions, and preferably better.

The Commission considered the evidence and submissions from both parties, including the details of the proposed agreement and the applicable awards and industrial conditions. After careful analysis, the Commission found that the proposed enterprise agreement met the "no-disadvantage" test, as it did not provide terms and conditions that were less favourable than the applicable awards or general industrial conditions. Furthermore, the Commission determined that the agreement met the "better-off overall" test, as it provided employees with terms and conditions that were at least as good as, and in some cases better than, the applicable awards and general industrial conditions.

Based on these findings, the Commission approved the Ground Zero Service Locating Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Ground Services Locating Enterprise Agreement 2024-2027. The agreement was approved on the basis that it complied with the requirements of the Fair Work Act and provided a fair and reasonable set of terms and conditions for the employees. The approval was effective from the date of the decision.

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