Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/866)

REDMOUNT PTY LTD T/AS ADSIM EXCAVATIONS ATF THE SIMPSON FAMILY TRUST T/AS SIMPSON FAMILY TRUST 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 BELL	MELBOURNE, 9 APRIL 2025

Application for approval of the REDMOUNT PTY LTD T/AS ADSIM EXCAVATIONS ATF THE SIMPSON FAMILY TRUST T/AS SIMPSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the REDMOUNT PTY LTD T/AS ADSIM EXCAVATIONS ATF THE SIMPSON FAMILY TRUST T/AS SIMPSON FAMILY TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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) I note that the Agreement covers the organisation.

The Agreement was approved on 9 April 2025 and, in accordance with s.54 of the Act, will operate from 16 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Redmount Pty Ltd trading as Adsim Excavations, trading as Simpson Family Trust, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The application was to determine whether the proposed agreement met the necessary legal standards and could be registered under the Fair Work Act 2009.

The legal issues the court had to address included whether the agreement was appropriately negotiated in good faith, whether it complied with the procedural requirements for registration, and whether it contained all the necessary provisions as mandated by the Fair Work Act. Additionally, the court had to ensure that the agreement met the standards for being a lawful and fair enterprise agreement.

The court found that the agreement had been negotiated in good faith and met all the procedural requirements for registration. It also determined that the agreement contained all the necessary provisions and complied with the Fair Work Act. The court concluded that the agreement was fair and lawful, and it approved the registration of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027.

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