Construction, Forestry and Maritime Employees Union

[2025] FWCA 1297

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1008)

CAMPBELL EARTHMOVING & EXCAVATIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Water, sewerage and drainage services
DEPUTY PRESIDENT COLMAN	MELBOURNE, 17 APRIL 2025

Application for approval of the Campbell Earthmoving & Excavations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Campbell Earthmoving & Excavations Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 case before the court was an application for the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 between Campbell Earthmoving & Excavations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union sought to have the agreement approved as a lawful and binding document under the Fair Work Act 2009. The application was brought before the Fair Work Commission, which has the jurisdiction to approve enterprise agreements.

The primary legal issues before the Commission were whether the agreement met the statutory requirements for approval under the Fair Work Act and whether it complied with the procedural and substantive requirements of the Act. This included assessing whether the agreement was made in good faith, whether it was genuinely an enterprise agreement, and whether it contained provisions that were inconsistent with the safety net provided by the National Employment Standards and the modern awards. Additionally, the Commission had to determine whether the agreement provided for the fair and efficient resolution of workplace issues.

The Commission conducted a thorough examination of the agreement, considering the evidence and submissions provided by both parties. The Commission found that the agreement was made in good faith and was genuinely an enterprise agreement. It also determined that the agreement did not contain any provisions that were inconsistent with the safety net and provided for the fair and efficient resolution of workplace issues. Therefore, the Commission approved the agreement, finding it to be in compliance with the requirements of the Fair Work Act.

The final orders of the Commission were that the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 between Campbell Earthmoving & Excavations Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved as a lawful and binding document under the Fair Work Act 2009. The agreement was to take effect from the date of the Commission's decision and would remain in force until the earlier of the agreement's expiry or the making of a new enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established