| [2025] FWCA 1043 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/728)
TOMMY ESTCOURT EARTHMOVING PTY LTD 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, 26 MARCH 2025 |
Application for approval of the Tommy Estcourt Earthmoving Pty Ltd 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 Tommy Estcourt Earthmoving Pty Ltd 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, 188 and 190 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 26 March 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
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- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1043
- Case
- [2025] FWCA 1043
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court involved verifying if the proposed agreement was a "genuine" enterprise agreement within the meaning of the Fair Work Act. This required scrutiny of whether the agreement was negotiated in good faith, if it covered terms and conditions of employment, and if it adhered to the procedural requirements of the Act, including the necessity of a majority vote in favour of the agreement by the relevant employees. Additionally, the court examined whether the agreement complied with the "better off overall test," which mandates that the agreement should not disadvantage employees compared to their previous conditions.
The court examined the evidence provided by both parties, focusing on the negotiation process, the outcome of the vote, and the terms of the agreement itself. It was satisfied that the agreement was negotiated in good faith and that the majority of employees had voted in favour of the agreement. The court also found that the terms of the agreement did not place employees in a worse position than their previous conditions, thus satisfying the better off overall test. Consequently, the court approved the enterprise agreement, finding it to be genuine and compliant with all statutory requirements.
The court's final order was to approve the Tommy Estcourt Earthmoving Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027, effective from the date of the court's decision. This approval meant that the agreement could be registered and enforced under the Fair Work Act, providing a legally binding framework for the employment terms and conditions of the relevant employees for the specified period.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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