Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1395

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1135)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 APRIL 2025

Application for approval of the Banburra 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 Banburra 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). It has been made by 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 25 February 2025 and the Agreement was made on 13 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 6 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, on behalf of its members employed by Banburra Pty Ltd, applied for approval of the Banburra Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027. The dispute centered around the terms and conditions of employment for workers within the civil and infrastructure sector in Victoria, specifically those employed by Banburra Pty Ltd. The Commission was tasked with determining whether the agreement met the necessary requirements under the Fair Work Act 2009.

The central legal issues that the Commission had to address were whether the enterprise agreement complied with the procedural and substantive requirements set forth in the Fair Work Act. Procedurally, the Commission had to consider whether the agreement was made in good faith, without coercion, and involved genuine bargaining. Substantively, the Commission needed to ensure that the agreement provided for fair and reasonable terms and conditions of employment, including minimum rates of pay, classification, and other conditions that were consistent with the broader industrial relations framework.

The Commission concluded that the agreement was valid and should be approved. The decision was based on the evidence presented, which demonstrated that the agreement was made through genuine bargaining and met all procedural requirements. The substantive terms of the agreement were also found to be fair and reasonable, providing appropriate protections and benefits for the employees covered by the agreement. The Commission acknowledged the efforts of both parties in reaching a mutually acceptable outcome that balanced the interests of the employer and the employees.

The final order of the Commission was to approve the Banburra Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement was to be registered with the Fair Work Commission and would govern the employment conditions for the specified period until the next review or termination. This decision provided certainty for both the employer and the employees, ensuring that the terms of employment were legally compliant and adequately protected the interests of all parties involved.

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