| [2025] FWCA 3418 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/3356)
EXCEL SAWING AND DRILLING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 – 2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 10 OCTOBER 2025 |
Application for approval of the EXCEL SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the EXCEL SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling 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.
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 17 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 3418
- Case
- [2025] FWCA 3418
- Decision Date
CaseChat Overview and Summary
The central legal issue before the Commission was whether the proposed Enterprise Agreement complied with the provisions of the Fair Work Act, particularly whether it met the good faith bargaining requirement, was in writing, and did not include matters that were prohibited by the Act. Additionally, the Commission needed to consider whether the agreement provided for appropriate mechanisms to resolve disputes and whether it adhered to the provisions relating to independent children.
The Commission carefully examined the provisions of the proposed agreement, confirming that it was a bona fide attempt to create a new agreement, was in writing, and contained no prohibited content. The Commission found that the agreement satisfied the good faith bargaining requirement, as the parties had engaged in meaningful negotiations. Furthermore, the agreement included appropriate dispute resolution mechanisms and complied with the provisions relating to independent children. Consequently, the Commission approved the proposed Enterprise Agreement, finding it met all the necessary legal requirements for endorsement.
The Commission's decision was finalised with an order approving the EXCEL SAWING AND DRILLING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027, effective from the date of the Commission's decision. The agreement was registered under the Fair Work Act, providing legal effect from the approved date.
Orders
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Background
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Evidence
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Decision
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