Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1124

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/808)

CONTROLTECH INDUSTRIAL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2025

Application for approval of the CONTROLTECH INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CONTROLTECH INDUSTRIAL SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging 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.

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 9 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case before the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the ControlTech Industrial Services Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027. The agreement proposed terms and conditions of employment for non-destructive digging subcontractors, including wage rates, hours of work, leave entitlements, and other employment conditions.

The primary legal issues before the Commission involved whether the proposed enterprise agreement met the statutory requirements under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was "better off overall" for the employees, and whether it complied with the Fair Work Act's provisions regarding enterprise agreements. The Commission also needed to consider whether the agreement was made in good faith and without coercion or undue influence.

The Commission found that the proposed agreement met the "better off overall" test, as it provided for improved wages, conditions, and benefits for the employees. The agreement also included provisions for dispute resolution, training, and other matters that were considered beneficial. The Commission noted that the agreement was made in good faith, without coercion or undue influence, and complied with all relevant provisions of the Fair Work Act. The Commission was satisfied that the proposed agreement provided a fair and reasonable outcome for both the employees and the employer, and therefore approved the agreement.

The Fair Work Commission approved the ControlTech Industrial Services Pty Ltd and CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement now provides the terms and conditions of employment for non-destructive digging subcontractors within the relevant industry.

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