Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1336

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1069)

APPLICATION FOR APPROVAL OF THE ZERO HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the ZERO HIRE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027.

An application has been made for approval of an enterprise agreement known as the ZERO HIRE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING 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 23 April 2025 and, in accordance with s.54 of the Act, will operate from 30 April 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

The matter involved an application for approval of an enterprise agreement between Zero Hire Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) concerning non-destructive digging. The application was heard by the Fair Work Commission. The primary dispute centred on whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009 and whether it appropriately addressed the needs and rights of the employees and employers involved.

The court had to determine if the agreement met the criteria for approval under the Fair Work Act, including whether it was genuinely a bargaining outcome, if it addressed the minimum terms and conditions, and if it provided fair and reasonable terms for the employees. Additionally, the court assessed whether the agreement appropriately balanced the interests of the parties, ensuring it was not contrary to public policy or industrial law.

In its decision, the Fair Work Commission found that the proposed enterprise agreement was genuinely a product of bargaining between the parties. It met all statutory requirements and provided fair and reasonable terms for the employees. The Commission noted that the agreement included provisions that adequately addressed the minimum terms and conditions, as well as specific protections for employees in non-destructive digging roles. The Commission concluded that the agreement was in the best interests of the parties and did not contravene any public policy or industrial laws.

As a result, the Fair Work Commission approved the Zero Hire Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027, allowing it to take effect as of 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