| [2025] FWCA 1278 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/963)
PATCHWORX PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVSION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024-2027
| Building, metal and civil construction industries | |
| COMMISSIONER MATHESON | SYDNEY, 17 APRIL 2025 |
Application for approval of the Patchworx Pty Ltd and the CFMEU (Victorian Construction and General Divsion) Subcontractors Concrete Placement Enterprise Agreement 2024-2027
An application has been made for approval of an enterprise agreement known as the Patchworx Pty Ltd and the CFMEU (Victorian Construction and General Divsion) Subcontractors Concrete Placement 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 24 April 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 1278
- Case
- [2025] FWCA 1278
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the Commission were whether the agreement contained the necessary "pay and conditions" provisions and whether it complied with the "better off overall test" (BOOT). This test required the Commission to ensure that employees would not be worse off financially by being party to the agreement compared to their entitlements under the applicable award or other agreements. Additionally, the Commission had to assess whether the agreement provided for procedural fairness in its negotiation and execution.
The Commission found that the agreement contained all required "pay and conditions" provisions and met the BOOT. It noted that the agreement provided for fair wages, reasonable working hours, and adequate leave entitlements. The Commission was satisfied that employees would not be worse off overall, as the agreement offered improvements in certain areas while maintaining current protections. Furthermore, the Commission determined that the negotiation process was fair and transparent, with both parties having adequate opportunity to participate. As a result, the Commission approved the agreement, finding it met all legislative requirements.
The Fair Work Commission approved the Patchworx Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027, effective from 1 March 2024. The agreement was set to govern the employment conditions of concrete placement workers for the specified period.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
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Ratio Decidendi
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