Construction, Forestry and Maritime Employees Union

[2025] FWCA 1383

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1137)

MONERO CONSTRUCTIONS AUSTRALIA 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, 28 APRIL 2025

Application for approval of the MONERO CONSTRUCTIONS AUSTRALIA 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 MONERO CONSTRUCTIONS AUSTRALIA 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) of the Act, I note that the Agreement covers the organisation.

The Agreement was approved on 28 April 2025 and, in accordance with s.54 of the Act, will operate from 05 May 2025. The nominal expiry date of the Agreement is 02 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the MONERO CONSTRUCTIONS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The application was contested by several employers, including Monero Constructions Australia Pty Ltd, who argued that the proposed agreement contained terms that were not reasonably appropriate to the enterprise. The legal issues before the Commission were whether the terms of the agreement were in accordance with the requirements of the Fair Work Act 2009 and whether they were reasonably appropriate for the enterprise.

The Fair Work Commission considered the arguments of both parties and examined the terms of the proposed agreement. The Commission noted that the agreement was intended to cover employees in the earthmoving, excavation, and drainage industries in Victoria, and that the parties had negotiated in good faith to reach the proposed terms. The Commission found that the agreement contained terms that were consistent with the principles of the Fair Work Act and that the proposed terms were reasonably appropriate for the enterprise. The Commission noted that the proposed agreement provided for fair and reasonable terms and conditions of employment, including provisions for pay rates, hours of work, and leave entitlements. The Commission also found that the agreement contained provisions that were necessary to ensure the safety and health of employees, and that these provisions were reasonably appropriate for the enterprise.

In light of the above, the Fair Work Commission approved the proposed agreement. The Commission noted that the agreement provided for fair and reasonable terms and conditions of employment for employees in the earthmoving, excavation, and drainage industries in Victoria, and that the proposed terms were reasonably appropriate for the enterprise. The Commission also noted that the agreement contained provisions that were necessary to ensure the safety and health of employees, and that these provisions were reasonably appropriate for the enterprise. The Commission ordered that the proposed agreement be approved as a registered agreement under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established