Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1295

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1009)

INDIGENOUS LINKS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the Indigenous Links Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure 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 Indigenous Links Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure 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 parties to the case were the Construction, Forestry and Maritime Employees Union, and Indigenous Links Pty Ltd, who sought approval of their Enterprise Agreement 2024-2027 from the Australian Federal Court. The nature of the dispute was the validity of certain provisions within the agreement, particularly those concerning the classification and remuneration of employees, and the mechanisms for resolving disputes. The court was required to determine whether these provisions were fair and reasonable under the Fair Work Act 2009.

The legal issues centred on whether the provisions concerning employee classification and remuneration were fair and reasonable. The court had to assess whether these provisions met the statutory criteria for fairness as outlined in the Fair Work Act 2009. Additionally, the court needed to consider whether the dispute resolution mechanisms were appropriate and equitable for both parties. The union argued that the provisions were fair and in line with industry standards, while the employer contended that some aspects were unreasonable and could lead to operational difficulties.

The court found that the provisions concerning employee classification and remuneration were fair and reasonable, given the context of industry practices and the specific circumstances of the parties. The court concluded that the dispute resolution mechanisms were also appropriate and equitable, providing a fair process for resolving any future disputes. The decision was based on a comprehensive analysis of the evidence presented and the statutory criteria for fairness under the Fair Work Act 2009. Consequently, the court approved the Enterprise Agreement 2024-2027, finding it to be compliant with the legislative requirements.

The final orders of the court were that the Enterprise Agreement 2024-2027 between Indigenous Links Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) be approved. This approval signifies that the agreement is deemed fair and reasonable under the Fair Work Act 2009 and is now legally binding on both parties.

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