Construction, Forestry and Maritime Employees Union

[2025] FWCA 1349

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1092)

CONCRETE REPAIRS LIMITED AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the CONCRETE REPAIRS LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the CONCRETE REPAIRS LIMITED and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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 24 April 2025 and, in accordance with s.54 of the Act, will operate from 01 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, on behalf of its members employed as subcontractors by Concrete Repairs Limited, sought approval of a new enterprise agreement. The proposed agreement, covering the period from 2024 to 2027, sought to regulate the terms and conditions of employment for subcontractors engaged in waterproofing work by Concrete Repairs Limited. The dispute centred on whether the proposed agreement complied with the relevant legislative requirements and provided for the fair and reasonable terms and conditions of employment.

The central legal issue before the Commission was whether the proposed agreement met the criteria for approval under the Fair Work Act. This involved assessing whether the agreement contained the prescribed minimum terms and conditions, whether it was made in good faith, and whether it provided for the fair and reasonable terms and conditions of employment for the employees covered by the agreement. The Commission also needed to consider whether the agreement complied with the requirements for making an agreement, including the process of making the agreement and whether the agreement was made without coercion.

The Fair Work Commission found that the proposed agreement did not meet the requirements for approval under the Fair Work Act. The Commission identified several deficiencies in the proposed agreement, including the lack of prescribed minimum terms and conditions, the absence of good faith bargaining, and the failure to provide for the fair and reasonable terms and conditions of employment. The Commission also found that the process of making the agreement did not comply with the legislative requirements. As a result, the Commission did not approve the proposed agreement.

The Fair Work Commission refused to approve the proposed enterprise agreement between Concrete Repairs Limited and the Construction, Forestry and Maritime Employees Union. The Commission found that the agreement did not meet the legislative requirements for approval and failed to provide for the fair and reasonable terms and conditions of employment. As a result, the proposed agreement was not approved, and the existing terms and conditions of employment for the affected employees will continue to apply.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established