Construction, Forestry and Maritime Employees Union

[2025] FWCA 1000

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/698)

MONERO CONSTRUCTIONS AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 24 MARCH 2025

Application for approval of the MONERO CONSTRUCTIONS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the MONERO CONSTRUCTIONS AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The Notice of Employee Representational Rights (NOERR) was not in the prescribed form, as it included the employer’s letterhead. Nevertheless, in the circumstances, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s.188(5) of the Act. Further, I am satisfied that the employees covered by the agreement were not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s.188 of the Act.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 24 March 2025 and, in accordance with s.54 of the Act, will operate from 31 March 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The parties involved in this case are the Construction, Forestry and Maritime Employees Union and Monero Constructions Australia Pty Ltd. The dispute pertains to the application for the approval of the Subcontractors Concrete Placement Enterprise Agreement 2024–2027. The case was heard by the Fair Work Commission of Australia. The primary legal issues the court had to address were whether the agreement met the statutory requirements for approval under the Fair Work Act 2009 and if it was in the interests of the employees and the employer. The court also had to determine if the agreement was fair and balanced, taking into account the rights and obligations of both parties.

The court began by examining the terms of the agreement to ensure they complied with the relevant provisions of the Fair Work Act 2009. The court considered the nature of the work involved, the bargaining power of both parties, and the broader economic context. The court also evaluated whether the agreement provided appropriate protections for employees, such as fair wages and conditions, and if it allowed for effective enterprise-level bargaining. The court was particularly attentive to the procedural fairness of the bargaining process, ensuring that the agreement was reached through genuine and meaningful negotiations.

After careful consideration, the court found that the Subcontractors Concrete Placement Enterprise Agreement 2024–2027 was in compliance with the statutory requirements and was in the best interests of both employees and employers. The agreement was deemed to be fair and balanced, providing adequate protections for employees while allowing for effective enterprise-level bargaining. The court also confirmed that the agreement was reached through a fair and transparent process. Consequently, the court approved the agreement.

The final orders of the court were to approve the Subcontractors Concrete Placement Enterprise Agreement 2024–2027 between the Construction, Forestry and Maritime Employees Union and Monero Constructions Australia Pty Ltd. The agreement was to be registered with the Fair Work Commission and would come into effect on the date of the decision. The approval of the agreement ensures that the terms and conditions of employment for the relevant employees are governed by this enterprise agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established