Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1346

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1149)

COMPLETE SHOTCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 APRIL 2025

Application for approval of the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 4 March 2025 and the Agreement was made on 16 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 30 April 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

In this matter, Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for the approval of the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The union sought to ensure that the terms of the agreement, which covers employees involved in concrete pumping for Complete Shotcrete Pty Ltd, meet the requirements of the Fair Work Act 2009. The dispute centred on whether the agreement met the necessary standards for approval, including fairness, relevance, and compliance with relevant industrial laws.

The primary legal issues addressed by the court were whether the terms and conditions outlined in the enterprise agreement were fair and reasonable, and whether they complied with the provisions of the Fair Work Act. The court also needed to determine if the agreement was relevant to the operations of Complete Shotcrete Pty Ltd and its employees and if it met the requirements for being a low-paid or otherwise vulnerable workforce. Additionally, the court considered whether the agreement appropriately balanced the rights and obligations of both employers and employees.

After careful consideration of the evidence presented and the relevant legal standards, the court found that the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 was fair and reasonable. The terms of the agreement were deemed to be compliant with the Fair Work Act and met all the necessary criteria for approval. The court was satisfied that the agreement appropriately balanced the rights and obligations of both parties and was relevant to the specific industry and workforce involved. Consequently, the court approved the agreement, ensuring its implementation as intended.

The Fair Work Commission approved the Complete Shotcrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, effective from the date of the decision. This approval will allow the terms and conditions outlined in the agreement to be legally binding on both Complete Shotcrete Pty Ltd and the employees covered by the agreement, providing a framework for their employment relationship 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