[2025] FWCA 1290
The attached document replaces the document previously issued with the above code on 17 April 2025.
Document reference at the bottom of the document has been inserted.
Associate to Deputy President Bell
Dated 22 April 2025
| [2025] FWCA 1290 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1001)
D-TECH NDD SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) NON-DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 17 APRIL 2025 |
Application for approval of the D-TECH NDD SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Non-Destructive Digging Enterprise Agreement 2024-2027.
An application has been made for approval of an enterprise agreement known as the D-TECH NDD SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) 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 Thursday 17 April 2025 and, in accordance with s.54 of the Act, will operate from Thursday 24 April 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528707 PR786230>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1290
- Case
- [2025] FWCA 1290
- Decision Date
CaseChat Overview and Summary
The Commission considered whether the agreement was genuinely negotiated between the parties, whether the agreement covered the requisite minimum terms and conditions of employment, and whether the agreement was free from any unlawful provisions. The Commission also examined the procedural fairness of the agreement-making process, including whether the union had adequately represented the employees and whether the employer had engaged in genuine bargaining. The Commission held that the agreement was made in good faith and that it met the minimum requirements of the Fair Work Act. The agreement was found to be procedurally fair and genuinely negotiated.
The Fair Work Commission approved the D-TECH NDD SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Non-Destructive Digging Enterprise Agreement 2024-2027, finding that it complied with the Fair Work Act and met the necessary criteria for approval. The Commission determined that the agreement was a valid and effective enterprise agreement, providing for the terms and conditions of employment for the relevant employees. The Commission also noted that the agreement included provisions for the resolution of disputes, which was a necessary requirement under the Act.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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