Construction, Forestry and Maritime Employees Union

[2025] FWCA 871

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/541)

CALIBRE TRUST (THE TRUSTEE FOR) T/AS CALIBRE CONCRETE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 31 MARCH 2025

Application for approval of the CALIBRE TRUST (THE TRUSTEE FOR) T/AS CALIBRE CONCRETE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the CALIBRE TRUST (THE TRUSTEE FOR) T/AS CALIBRE CONCRETE GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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 case involved an application for approval of the Calibre Concrete Group Pty Ltd Subcontractors Concrete Placement Enterprise Agreement 2024-2027 between the Construction, Forestry and Maritime Employees Union (CFMEU) and the Calibre Concrete Group Pty Ltd. The dispute came before the Fair Work Commission, which was tasked with determining whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. The primary legal issue before the Commission was whether the agreement adequately covered the requirements for enterprise agreements as outlined in the Act, including whether it provided for a fair and efficient bargaining process, included necessary minimum terms and conditions, and met the genuine agreement threshold.

The Commission carefully examined the terms of the agreement, considering various factors such as the fairness of the bargaining process, the inclusion of minimum terms and conditions, and whether the agreement genuinely reflected the terms agreed upon by the parties. The Commission found that the agreement met the necessary criteria for approval, as it included all the required minimum terms and conditions, reflected a fair and efficient bargaining process, and met the genuine agreement threshold. The Commission noted that the agreement had been negotiated in good faith and that it provided for fair and reasonable terms for the employees.

Consequently, the Fair Work Commission approved the agreement, confirming its compliance with the Fair Work Act 2009. The decision was based on the Commission's finding that the agreement met all the statutory requirements for approval, including the provision of necessary minimum terms and conditions and the demonstration of a genuine agreement. The Commission's approval of the agreement was a significant step in ensuring that the terms and conditions of employment for the employees of Calibre Concrete Group Pty Ltd were fair and equitable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established