Construction, Forestry and Maritime Employees Union

[2025] FWCA 1074

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/683)

HOLLOW CORE CONCRETE PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PRECAST PANEL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 28 MARCH 2025

Application for approval of the HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) SubcontractorsPrecast Panel Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the HOLLOW CORE CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 20 March 2025.

On 20 March 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Yasin Orhan and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application for the approval of an enterprise agreement between Hollow Core Concrete Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement for the years 2024 to 2027. The court was asked to determine whether the agreement was appropriate for approval under the Fair Work Act 2009. The applicants were the employer and the union, and the respondent was the Fair Work Commission.

The primary legal issue before the court was whether the proposed enterprise agreement complied with the provisions of the Fair Work Act 2009, specifically whether it met the requirements for "better off overall and in the round" (BOOT) and whether it contained permissible provisions that did not breach any industrial laws. The court also had to consider if the agreement was fair and balanced, taking into account the interests of both employees and employers.

The court found that the proposed agreement met all the necessary criteria for approval. It was determined that the agreement provided for fair and reasonable terms and conditions for the employees, and that it was in line with the provisions of the Fair Work Act. The court concluded that the agreement was fair and balanced, offering benefits to both parties while ensuring that employees were not disadvantaged. Consequently, the court approved the enterprise agreement as proposed by the applicants.

The final orders of the court were that the Hollow Core Concrete Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Precast Panel Enterprise Agreement 2024-2027 was approved, and the agreement was to be registered with the Fair Work Commission. The court's decision was based on the comprehensive evidence and submissions presented by both parties, which demonstrated that the agreement was fair, reasonable, and in compliance with the relevant industrial laws.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established