Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3435

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3380)

KINGS CUT CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 14 OCTOBER 2025

Application for approval of the KINGS CUT CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the KINGS CUT CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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) I note that the Agreement covers the organisation.

The Agreement was approved on 14 October 2025 and, in accordance with s.54 of the Act, will operate from 21 October 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 parties involved in the application before the Fair Work Commission were the Construction, Forestry and Maritime Employees Union (CFMEU) and Kings Cut Concrete Pty Ltd. The nature of the dispute was the application for approval of the proposed Enterprise Agreement, specifically the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. This matter was heard by the Fair Work Commission, an independent statutory body with jurisdiction to make binding decisions on employment-related issues in Australia.

The legal issues before the Commission centred on whether the proposed agreement met the statutory requirements for approval under the Fair Work Act 2009. These requirements included ensuring that the agreement provided for fair and reasonable terms and conditions, that it was free from any discriminatory provisions, and that it did not undermine the protection of employee rights. Additionally, the Commission had to consider whether the agreement was made in good faith and whether it complied with the procedural requirements set out in the legislation.

In its decision, the Commission examined the content of the proposed agreement, the process by which it was negotiated, and the evidence presented by both parties. The Commission concluded that the agreement satisfied the statutory criteria for approval. It found that the terms and conditions were fair and reasonable, there was no evidence of discrimination, and the agreement did not undermine employee rights. The Commission was satisfied that the agreement was made in good faith and that all procedural requirements had been met.

As a result, the Fair Work Commission approved the Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024-2027. The approval ensures that the terms and conditions set out in the agreement will apply to the employees covered by the agreement from the effective date. This decision provides certainty for both employers and employees regarding the employment conditions for the duration of the agreement.

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