Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/982)

MSB WORKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ROCKBREAKER ENTERPRISE AGREEMENT 2024 - 2027

Quarrying industry
COMMISSIONER PLATT	ADELAIDE, 29 APRIL 2025

Application for approval of the MSB WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MSB WORKS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 April 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the MSB Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission. The primary dispute concerned the terms and conditions of employment outlined in the proposed enterprise agreement. The Construction, Forestry and Maritime Employees Union (CFMEU) sought approval of the agreement, while MSB Works Pty Ltd and the subcontractors involved needed to ensure that the terms were fair and reasonable.

The legal issues before the court included whether the proposed enterprise agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirement for the agreement to provide for a fair and effective means of resolving disputes. The court also had to determine if the agreement adequately covered the entitlements, conditions of employment, and other matters as required by the Act. Additionally, the court assessed if the agreement met the genuine bargaining test, ensuring that it was the product of genuine agreement between the parties.

The Fair Work Commission found that the proposed enterprise agreement met all the legal requirements set out in the Fair Work Act. The court held that the agreement provided for a fair and effective means of resolving disputes and adequately covered the necessary entitlements and conditions of employment. The commission also determined that the agreement was the product of genuine bargaining, thus satisfying the genuine bargaining test. Consequently, the court approved the MSB Works Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024-2027.

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