| [2025] FWCA 1173 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/828)
COCO CIVIL GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE KERB, CHANNEL & PAVEMENT ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| COMMISSIONER PLATT | ADELAIDE, 7 APRIL 2025 |
Application for approval of the COCO CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the 3D COCO CIVIL GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.
The matter was allocated to my Chambers on 2 April 2025.
There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.
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 this organisation.
I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.
COMMISSIONER
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1173
- Case
- [2025] FWCA 1173
- Decision Date
CaseChat Overview and Summary
The central legal issues for the Commission to decide were whether the proposed agreement met the criteria for "fairness" under the Fair Work Act 2009 and if it adhered to the procedural requirements set out in the Act. Specifically, the Commission had to examine whether the agreement provided for the minimum terms and conditions of employment, including rates of pay and hours of work, and whether it had been negotiated in good faith. Additionally, the Commission considered whether the agreement would support the objectives of the Act, including the promotion of high levels of economic and social prosperity and a sustainable system of industrial relations.
The Fair Work Commission, after reviewing the submissions and evidence from both parties, concluded that the proposed agreement was fair and reasonable. The Commission found that the agreement provided for minimum terms and conditions of employment that were consistent with the safety net provided by the Act. Furthermore, the Commission was satisfied that the agreement had been negotiated in good faith and that it would support the objectives of the Act, including promoting a sustainable system of industrial relations. Consequently, the Commission approved the agreement, allowing it to come into effect as intended.
Orders
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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