Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1069

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/759)

ACE CIVIL SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 31 MARCH 2025

Application for approval of the ACE Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the ACE Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 31 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and ACE Civil Services Pty Ltd applied to the Fair Work Commission for the approval of their Enterprise Agreement for the period 2024 to 2027. The application came before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The dispute centred on whether the agreement adequately covered the requirements of the Act, including provisions for minimum wages, leave entitlements, and the rights of employees.

The key legal issues addressed by the Commission were whether the agreement complied with the statutory requirements of the Fair Work Act, including provisions for minimum wages, reasonable working hours, leave entitlements, and the rights of employees to be free from discrimination and unfair dismissal. The Commission also considered whether the agreement was genuinely negotiated between the parties and whether it was likely to achieve a fair and equitable outcome for all employees covered by the agreement.

The Commission found that the agreement met the necessary criteria for approval under the Act. The agreement provided for minimum wages and conditions that were no less favourable than the relevant awards or the national safety and health standard. The agreement also included provisions for reasonable working hours, leave entitlements, and the rights of employees to be free from discrimination and unfair dismissal. The Commission was satisfied that the agreement had been genuinely negotiated between the parties and that it was likely to achieve a fair and equitable outcome for all employees covered by the agreement.

The Fair Work Commission approved the ACE Civil Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027, subject to the conditions and limitations set out in the order. The agreement will now apply to all employees of ACE Civil Services Pty Ltd who are covered by the agreement, and will remain in effect until it is terminated or replaced by a new agreement.

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