Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1065

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/754)

GLADE CIVIL (AUST) PTY LTD TRUSTEE FOR GLADE CIVIL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 27 MARCH 2025

Application for approval of the Glade Civil (Aust) Pty Ltd Trustee For Glade Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Glade Civil (Aust) Pty Ltd Trustee For Glade Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 27 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of the Glade Civil (Aust) Pty Ltd Trustee For Glade Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The application was brought by the employer, seeking formal endorsement of the agreement as a protected action process agreement under the Fair Work Act 2009. The union, while supporting the agreement in principle, raised concerns regarding certain aspects of its implementation.

The central legal issue before the Commission was whether the proposed enterprise agreement contained provisions that aligned with the requirements and protections stipulated by the Fair Work Act. The union's objections focused on the clarity and enforceability of specific clauses within the agreement, including those related to the definition of work and the application of wage rates. The Commission had to determine whether these provisions were in accordance with the statutory framework and whether they appropriately balanced the rights and obligations of both employers and employees.

In considering the application, the Commission examined the terms of the proposed agreement in detail. The Commission found that while most provisions of the agreement were consistent with the Fair Work Act, some clauses required minor amendments to ensure clarity and enforceability. After negotiating with both parties, the Commission determined that the overall agreement was fair and balanced, and approved it subject to certain modifications. These modifications addressed the union's concerns and ensured compliance with the statutory requirements.

The Fair Work Commission approved the enterprise agreement, subject to the agreed modifications. This decision ensures that the agreement will provide a fair and effective framework for the employment relationship between the employer and employees within the specified enterprise. The Commission's approval underscores its role in facilitating agreements that protect the interests of both parties while complying with the legislative standards set out in the Fair Work Act.

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