Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1036

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/685)

MELBOURNE PIPE & CIVIL 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
COMMISSIONER LEE	MELBOURNE, 25 MARCH 2025

Application for approval of the MELBOURNE PIPE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the MELBOURNE PIPE & CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 1 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 matter before the Fair Work Commission involved an application for the approval of the Melbourne Pipe & Civil Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The dispute centred on whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. The Fair Work Commission was tasked with determining if the agreement was fairly negotiated, provided adequate terms and conditions for employees, and complied with the legislative standards.

The legal issues the court needed to address included whether the agreement was genuinely negotiated between the parties, if it contained terms that were fair and reasonable, and if it adhered to the specific provisions outlined in the Fair Work Act. The court also considered whether the agreement provided for appropriate mechanisms for dispute resolution and if it met the standard of protecting the interests of the employees. The court examined the process by which the agreement was negotiated and whether it was done in good faith.

After reviewing the evidence presented, the Fair Work Commission found that the agreement was fairly negotiated, contained terms that were fair and reasonable, and complied with the statutory requirements. The Commission noted that the negotiation process was conducted in good faith and that the agreement provided for appropriate mechanisms for dispute resolution. It was also determined that the agreement adequately protected the interests of the employees and met all legislative standards. Consequently, the Fair Work Commission approved the Melbourne Pipe & Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027.

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