Construction, Forestry and Maritime Employees Union

[2025] FWCA 1372

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1101)

LB CONCRETE SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 24 APRIL 2025

Application for approval of the LB Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 -2027

An application has been made for approval of an enterprise agreement known as the LB Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 the 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 17 March 2025 and the Agreement was made on 9 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 5 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

The parties involved in this case are the Construction, Forestry and Maritime Employees Union (CFMEU) and LB Concrete Solutions Pty Ltd. The dispute pertains to the application for approval of a proposed Enterprise Agreement, specifically the LB Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The Fair Work Commission (FWC) is the court that heard this matter. The legal issues that the FWC had to address included whether the proposed agreement met the requirements for being approved under the Fair Work Act 2009 (Cth) and whether it complied with the relevant provisions regarding fairness and other criteria for endorsement.

The FWC carefully examined the provisions of the proposed agreement, ensuring that it adhered to the standards set by the Fair Work Act. It assessed the agreement to determine if it satisfied the criteria for fairness, including whether it provided for minimum rates of pay and conditions that were not less favourable than those provided by the relevant modern award. Additionally, the FWC considered whether the agreement had been genuinely negotiated and if it complied with other relevant provisions of the Act. After thorough deliberation, the FWC found that the proposed agreement met all the necessary requirements and was fair and reasonable.

Following its findings, the FWC approved the LB Concrete Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement is now registered and binding on the parties, providing a framework for the terms and conditions of employment for the specified period. The final orders of the FWC include the registration of the agreement and the directive that it be applied to the relevant employees and employers as of the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established