Construction, Forestry and Maritime Employees Union

[2025] FWCA 1075

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/734)

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

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

Application for approval of the CYCON CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CYCON CIVIL 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) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 25 March 2025.

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 application before the Fair Work Commission involved the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU) and CYCON Civil Pty Ltd, seeking approval for the CYCON Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027. The matter was brought before the Commission to determine whether the proposed enterprise agreement met the requirements of the Fair Work Act 2009. The key issue before the Commission was whether the agreement provided for fair and reasonable terms and conditions of employment, and if it complied with the provisions of the Fair Work Act.

The Commission examined the fairness and reasonableness of the terms and conditions outlined in the proposed agreement. It considered whether the agreement provided for adequate wages, leave entitlements, working hours, and other employment conditions that were fair and reasonable in the circumstances. The Commission also assessed whether the agreement complied with the procedural requirements set out in the Fair Work Act, such as the need for genuine bargaining and the provision of relevant information to the parties involved. The Commission further considered the implications of the agreement on the employees' rights and protections under the Fair Work Act.

After reviewing the evidence and submissions from both parties, the Commission determined that the proposed enterprise agreement met the requirements of the Fair Work Act. The Commission found that the agreement provided for fair and reasonable terms and conditions of employment, and that it complied with the procedural requirements of the Act. The Commission also noted that the agreement provided for appropriate protections and rights for the employees, and that it was in line with the broader objectives of the Fair Work Act. Based on these findings, the Commission approved the CYCON Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027.

The Fair Work Commission approved the CYCON Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027, effective from the date of the decision. The agreement will now govern the terms and conditions of employment for the employees covered by the agreement, subject to the provisions of the Fair Work Act and any applicable industrial instruments.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established