| [2025] FWCA 1195 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/869)
EL DORADO CONTRACTORS 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 BELL | MELBOURNE, 9 APRIL 2025 |
Application for approval of the EL DORADO CONTRACTORS PTY LTD 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 EL DORADO CONTRACTORS PTY LTD 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
<AE528613 PR785963>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1195
- Case
- [2025] FWCA 1195
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Fair Work Commission was whether the proposed enterprise agreement met the statutory requirements for approval. This included assessing if the agreement was made in good faith, if it provided for the proper classification of employees, and if it included appropriate dispute resolution mechanisms. The Commission also needed to determine if the agreement complied with the Fair Work Act 2009 and adhered to the principles of the Australian labour market system.
In delivering the decision, the Commission noted that the agreement was made in good faith and contained provisions for proper employee classification. The dispute resolution mechanisms were deemed adequate, and the terms of the agreement did not undermine the principles of the Australian labour market. The Commission found that the agreement met all necessary criteria and was fair and reasonable. Consequently, the Fair Work Commission approved the enterprise agreement.
As a result of the decision, the EL DORADO CONTRACTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027 was approved, and the terms of the agreement became binding on the parties involved.
Orders
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Background
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Evidence
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