Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/794)

FORM REO POUR AUST 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
COMMISSIONER PLATT	ADELAIDE, 7 APRIL 2025

Application for approval of the FORM REO POUR AUST 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 FORM REO POUR AUST 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) 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 28 March 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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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a new enterprise agreement between Form Reo Pour Aust Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around the terms and conditions outlined in the proposed Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The Commission was tasked with determining whether the agreement met the requirements of the Fair Work Act 2009 and whether it was in the best interests of the employees it covered.

The primary legal issues addressed by the Commission were whether the proposed agreement complied with the statutory criteria set out in the Fair Work Act, including provisions related to employee protections, fairness, and procedural fairness in the bargaining process. The Commission also needed to consider whether the agreement provided appropriate protections and benefits to the employees and whether it adhered to the principles of good faith bargaining.

In examining the application, the Commission assessed the procedural fairness of the bargaining process and the substantive terms of the agreement. The Commission found that the bargaining process was conducted in good faith and that the agreement provided adequate protections and benefits to the employees. The Commission was satisfied that the agreement met the criteria for approval under the Fair Work Act, taking into account the specific needs of the industry and the interests of the employees. Based on this analysis, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 between Form Reo Pour Aust Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). This decision was made on the basis that the agreement met all statutory requirements and was in the best interests of the employees it covered.

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