Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1299

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1020)

CITY CIRCLE DEMOLITION & EXCAVATION PTY LTD T/AS CITY CIRCLE DEMOLITION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

Application for approval of the City Circle Demolition & Excavation Pty Ltd T/AS City Circle Demolition and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the City Circle Demolition & Excavation Pty Ltd T/AS City Circle Demolition and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 17 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union, representing employees, and City Circle Demolition & Excavation Pty Ltd, seeking approval for a proposed enterprise agreement. The union argued the agreement did not adequately protect workers' rights, while the employer contended that the agreement was fair and balanced. The Fair Work Commission was tasked with determining whether the proposed agreement should be approved.

The central legal issue before the Commission was whether the terms of the proposed enterprise agreement were fair and reasonable. This required an examination of various provisions within the agreement, including those related to wages, working conditions, and dispute resolution mechanisms. The Commission had to assess whether the agreement met the criteria for approval under the Fair Work Act, particularly in relation to whether it provided for the "better off overall test" and whether it was free from any unfair provisions.

In delivering its decision, the Commission considered the submissions from both parties and the evidence presented. The Commission found that while there were some concerns regarding specific provisions, the overall agreement was fair and reasonable. The Commission noted that the agreement provided for fair wages and conditions, and it contained adequate provisions for the resolution of disputes. The Commission was satisfied that the agreement met the statutory requirements for approval and therefore determined that it should be approved. The Commission's decision was based on a detailed analysis of the agreement's provisions and the evidence provided by both parties.

The Fair Work Commission approved the City Circle Demolition & Excavation Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024 - 2027, subject to certain conditions. The Commission directed that specific provisions be modified to address the concerns raised, and it outlined the steps that the parties must take to ensure compliance with the approved agreement. The decision was made in the interest of ensuring that the agreement provided fair and reasonable terms for all parties involved.

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