Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1241

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/883)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 APRIL 2025

Application for approval of the Nasi 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 Nasi 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 14 April 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties to the matter were the Construction, Forestry and Maritime Employees Union (CFME) and Nasi Pty Ltd. The dispute arose from the need for the approval of the Nasi Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The Fair Work Commission heard the application for approval. The central legal issues involved assessing whether the enterprise agreement met the criteria for approval under the Fair Work Act 2009. This included examining whether the agreement was made independently, free from coercion or undue influence, and whether it provided adequate protections and benefits for employees.

The Commission's reasoning focused on the procedural fairness of the agreement's formation and its substantive content. It was determined that the agreement was indeed made independently, with no evidence of coercion or undue influence. The agreement's provisions were examined to ensure they provided adequate protections and benefits for employees, and it was concluded that the agreement met the required standards. The Commission was satisfied that the agreement complied with the statutory requirements for approval.

The Fair Work Commission approved the Nasi Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The agreement was approved as meeting the criteria for registration under the Fair Work Act 2009.

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