Construction, Forestry and Maritime Employees Union

[2025] FWCA 3376

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3346)

DOOLANS HEAVY HAULAGE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SELF-PROPELLED MODULAR TRANSPORTER (SPMT) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 9 OCTOBER 2025

Application for approval of the DOOLANS HEAVY HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Self-Propelled Modular Transporter (SPMT) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the DOOLANS HEAVY HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Self-Propelled Modular Transporter (SPMT) Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 20 August 2025 and the Agreement was made on 25 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 October 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for an enterprise agreement between DOOLANS HEAVY HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Self-Propelled Modular Transporter (SPMT) Enterprise Agreement 2024 - 2027. The CFMEU argued that the agreement was fair and appropriate for the workforce, while no other party objected to the application. The dispute centred on whether the agreement met the criteria for fair work and whether it was appropriately negotiated and agreed upon by the parties involved.

The central legal issue was whether the enterprise agreement complied with the requirements set out in the Fair Work Act 2009. Specifically, the Commission had to determine if the agreement was appropriately negotiated, contained necessary provisions for fair terms and conditions of employment, and did not have any unfair content. The Commission also needed to assess whether the agreement would result in any adverse consequences for the employees.

In its decision, the Commission found that the agreement met all the necessary criteria for approval. The agreement was determined to have been fairly negotiated and contained all the necessary provisions for fair terms and conditions of employment. The Commission concluded that the agreement did not contain any unfair content and would not result in any adverse consequences for the employees. Therefore, the Commission approved the enterprise agreement.

The Fair Work Commission approved the DOOLANS HEAVY HAULAGE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Self-Propelled Modular Transporter (SPMT) Enterprise Agreement 2024 - 2027. This decision affirms the agreement as meeting all statutory requirements and being in the best interest of the employees involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established