Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1325

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1046)

APPIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Water, sewerage and drainage services
COMMISSIONER MATHESON	SYDNEY, 28 APRIL 2025

Application for approval of the APPIA 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 APPIA 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 5 May 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case involves an application for the approval of the APPIA Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The matter was heard in the Fair Work Commission. The union and the employer sought the commission's approval of the enterprise agreement, which outlines the terms and conditions of employment for workers in the earthmoving, excavation, and drainage sectors.

The central legal issue was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The court needed to determine if the agreement covered all necessary aspects, including pay rates, classification, and other employment terms, and whether it adhered to the principles of procedural fairness and genuine agreement. Additionally, the court examined if the agreement complied with the better-off-overall test, ensuring that employees would be no worse off financially and at least as well off in other conditions of employment.

The Fair Work Commission found that the agreement was comprehensive and met all statutory requirements for approval. The court noted that the agreement was genuinely negotiated and covered all necessary employment terms. It also satisfied the better-off-overall test, as employees would not be worse off and would benefit from improved conditions and pay rates. The commission approved the agreement, recognising it as fair and compliant with the relevant legislative framework.

The final orders of the commission were to approve the APPIA Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, effective from the date of the decision.

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