Construction, Forestry and Maritime Employees Union

[2025] FWCA 1092

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/733)

GEARON CIVIL 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 LEE	MELBOURNE, 31 MARCH 2025

Application for approval of the GEARON CIVIL 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 GEARON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 7 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

The application before the Fair Work Commission involved a request for the approval of an enterprise agreement between GEARON CIVIL PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Earthmoving, Excavation, and Drainage Enterprise Agreement 2024-2027. The union sought to establish the terms and conditions of employment for employees engaged in earthmoving, excavation, and drainage activities, while the employer aimed to ensure the agreement met the standards set by the Fair Work Act 2009. The dispute centred on whether the proposed agreement was fair and balanced, considering the interests of both employers and employees.

The legal issues before the court encompassed the fairness and compliance of the proposed agreement with the Fair Work Act 2009. The court had to determine if the agreement met the "better off overall test" which required it to be no less favourable to the employees than their previous terms and conditions. The court also assessed the agreement against the "good faith" requirement, ensuring both parties genuinely engaged in negotiating the terms. Further, the court examined whether the agreement contained provisions that were consistent with the National Employment Standards and other relevant legislative instruments.

In delivering its decision, the court examined the negotiation process and the content of the agreement. It found that the negotiation process was conducted in good faith, with both parties actively participating and reaching a consensus on various terms. The court noted the agreement's provisions regarding wages, hours of work, leave entitlements, and other employment conditions were fair and balanced. It concluded that the agreement met the "better off overall test" and complied with the requirements of the Fair Work Act 2009. The court approved the agreement, ensuring it would provide a fair and equitable framework for the employees in the specified industries.

The final orders of the court approved the GEARON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The court mandated that the agreement be registered with the Fair Work Commission and become effective from the date of the decision. The court also directed that any disputes arising under the agreement would be subject to the Fair Work Commission's jurisdiction. This decision provided clarity and certainty for both parties, ensuring the agreement would govern their employment relationship for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established