Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/832)

PETER & TRACEY SARDI T/AS SARDI CONCRETE CONSTRUCTIONS 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 PETER & TRACEY SARDI T/AS SARDI CONCRETE CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & PavementEnterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the PETER & TRACEY SARDI T/AS SARDI CONCRETE CONSTRUCTIONS and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & PavementEnterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 April 2025.

In respect of the Notice of Employee Representational Rights (NERR) deficiency, it appears a pre-reform version of the NERR was provided to employees. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the case concerning the application for approval of the Peter & Tracey Sardi t/as Sardi Concrete Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027, the primary parties involved were Sardi Concrete Constructions and the Construction, Forestry and Maritime Employees Union (CFMEU). The dispute centred on whether the proposed enterprise agreement met the necessary legal criteria for approval under the Fair Work Act 2009. The Fair Work Commission (FWC) was the court that heard the case and made the decision.

The legal issues before the FWC were whether the enterprise agreement complied with the procedural requirements and substantive provisions of the Fair Work Act. Specifically, the court had to assess if the agreement was made in good faith, was free from coercion and discrimination, and if it provided for the appropriate minimum terms and conditions as mandated by the Act. The FWC also had to determine whether the agreement was in the best interests of the employees and the employer, considering the specific nature of the subcontracting arrangement within the concrete construction industry.

In reaching its decision, the FWC examined the evidence and submissions from both parties. The Commission found that the agreement was made in good faith, without any coercion or discrimination. The FWC also determined that the agreement provided for all the required minimum terms and conditions and was in the best interests of the employees and employer. The Commission highlighted the specific provisions that addressed the unique aspects of subcontracting within the industry, ensuring that the agreement met all statutory requirements and served the interests of both parties effectively. The FWC approved the enterprise agreement, confirming its compliance with the Fair Work Act.

The final orders of the FWC were that the Peter & Tracey Sardi t/as Sardi Concrete Constructions and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Kerb, Channel & Pavement Enterprise Agreement 2024 - 2027 be approved in accordance with the Fair Work Act. The agreement was to be registered and would take effect from the date of the decision, governing the terms and conditions of employment for the employees of Sardi Concrete Constructions under the specified subcontracting arrangement.

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