Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1270

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/955)

MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 16 APRIL 2025

Application for approval of the MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MCIVER TRADING TRUST (THE TRUSTEE FOR) T/AS MCIVER CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 23 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of an enterprise agreement between the MCIVER TRADING TRUST trading as MCIVER CONTRACTORS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The applicant union sought to have the agreement recognised and approved under the Fair Work Act 2009. The case was heard in the Fair Work Commission.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement provided for the proper management and administration of the workplace, contained provisions for the protection of employees, and included mechanisms for dispute resolution. The Commission also needed to ensure that the agreement had been made in good faith and without coercion.

In considering these issues, the Commission examined the provisions of the proposed agreement, the process by which it was negotiated, and the evidence presented by both parties. The Commission found that the agreement contained appropriate provisions for the management and administration of the workplace, provided adequate protections for employees, and included effective mechanisms for resolving disputes. The evidence showed that the agreement had been negotiated in good faith, without any undue influence or coercion. Based on these findings, the Commission approved the agreement.

The Fair Work Commission approved the proposed enterprise agreement, effective from 1 April 2024. The agreement was to be registered with the Fair Work Commission and would apply to the employees of MCIVER CONTRACTORS PTY LTD who were members of the CFMEU (Victorian Construction and General Division).

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