Construction, Forestry and Maritime Employees Union

[2025] FWCA 1524

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1284)

ROCK SOLID CIVIL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 7 MAY 2025

Application for approval of the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure 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 application was not lodged within 14 days after the Agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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 case involved an application for the approval of the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027. The matter was heard in the Fair Work Commission, where the central issue was the validity and fairness of the proposed enterprise agreement. The union and the employer sought approval from the Commission to ensure the agreement could be legally implemented.

The primary legal issues that the Commission had to address included whether the agreement complied with all relevant legislative requirements, including provisions in the Fair Work Act 2009. It was essential to determine if the agreement had been made in good faith and whether it covered all necessary terms and conditions of employment. Additionally, the Commission needed to consider if the agreement provided a safety net for employees and whether it was free from any prohibited content.

The Commission evaluated the agreement by examining the bargaining processes, the content of the agreement, and its implications for employees. It found that the agreement was made in good faith and included all necessary terms and conditions. The Commission confirmed that the agreement provided a safety net for employees, ensuring fair and reasonable terms. After thorough consideration, the Commission approved the enterprise agreement, determining it met all the legal requirements and was fair and reasonable for the employees involved.

The Fair Work Commission approved the ROCK SOLID CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027, allowing it to be implemented. This decision was based on the finding that the agreement was made in good faith, covered all necessary terms, and provided a safety net for employees. The approval ensures that the agreement can legally be enforced, setting the terms and conditions of employment for the period specified.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established