Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1530

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1300)

CIVILTEK GROUP 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 BELL	MELBOURNE, 7 MAY 2025

Application for approval of the CIVILTEK GROUP 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 CIVILTEK GROUP 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) 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, 188, 193 and 193A 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 7 May 2025 and, in accordance with s.54 of the Act, will operate from 14 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 application for approval of the Civiltek Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 was heard by the Fair Work Commission. The primary parties involved in this dispute were Civiltek Group Pty Ltd and the CFMEU. The nature of the dispute centred on whether the enterprise agreement in question should be approved and registered under the Fair Work Act 2009. The legal issues that the court was required to decide included whether the agreement met the requirements for "better off overall" and "no disbenefit" as stipulated in the Fair Work Act, and whether the agreement was made in accordance with the necessary procedural fairness.

The court examined the submissions from both parties, focusing on the financial implications of the agreement for the employees and the operational viability of the agreement for the employer. It was critical to determine if the proposed changes in the agreement would indeed result in a net benefit to the employees when compared to their previous conditions. Additionally, the court assessed whether the agreement adhered to the Fair Work Act's procedural requirements, including the necessity for genuine consultation between the employer and the employees. After thorough analysis, the court found that the agreement satisfied all legal requirements, including the "better off overall" test and procedural fairness.

The Fair Work Commission approved the enterprise agreement, determining that it met all statutory requirements. The agreement was registered, and it was deemed to be beneficial for the employees overall, without imposing any undue disbenefits on the employer. The decision confirmed the validity of the agreement and its compliance with the Fair Work Act. The final orders included the registration of the enterprise agreement and the dismissal of any objections raised by other interested parties.

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