Construction, Forestry and Maritime Employees Union

[2025] FWCA 1374

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1141)

BIA INFRASTRUCTURE (VIC) 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
COMMISSIONER MATHESON	SYDNEY, 7 MAY 2025

Application for approval of the BIA INFRASTRUCTURE (VIC) 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 BIA INFRASTRUCTURE (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 -2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved 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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and BIA Infrastructure (Vic) Pty Ltd. The central dispute related to the approval of a proposed enterprise agreement, the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, which was to cover employees engaged in specific activities within the construction industry. The case was heard by the Fair Work Commission, Australia's independent workplace relations tribunal.

The legal issues that the Commission was required to address included whether the proposed agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement provided a safety net of minimum entitlements, if it was free from coercive conduct, and if it was certified by a registered bargaining representative in accordance with the Act. The Commission also needed to consider submissions from both parties regarding the fairness and reasonableness of the proposed terms.

In reaching its decision, the Commission evaluated the evidence and submissions presented by both parties. It found that the agreement contained terms that provided a safety net of minimum entitlements and were free from any unfair or coercive practices. The Commission also noted that the agreement was certified by a registered bargaining representative, fulfilling the requirements of the Act. After considering all the evidence, the Commission concluded that the proposed agreement met the criteria for approval and was in the best interests of the employees covered by the agreement.

Accordingly, the Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from the date of the decision. The agreement is now legally binding on the parties and will govern the employment conditions of the employees within the scope of the agreement for the duration of its term.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established