Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 998

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/675)

STILLITANO CONCRETE 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 STILLITANO CONCRETE 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 STILLITANO CONCRETE 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 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of a proposed enterprise agreement between STILLITANO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027. The application was brought before the Commission to determine whether the agreement met the necessary criteria for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed agreement provided for fair and reasonable terms and conditions, and whether it complied with the requirements set out in the Fair Work Act. Specifically, the Commission needed to assess whether the agreement was free from any unlawful content, was not discriminatory, and was consistent with the Fair Work (Registered Organisations) Act 2009. Furthermore, the Commission had to consider whether the agreement provided for terms and conditions that were fair and reasonable, taking into account the broader economic environment and the interests of all parties involved.

In rendering its decision, the Commission undertook a detailed analysis of the proposed agreement. It examined the terms and conditions to ensure they were not unduly harsh, unreasonable, or discriminatory. The Commission also considered the bargaining positions of the parties and the extent to which the agreement facilitated a fair and efficient workplace. After thorough consideration, the Commission determined that the proposed agreement met the necessary criteria for approval. The Commission found that the agreement provided for fair and reasonable terms and conditions and was consistent with the requirements of the Fair Work Act.

As a result, the Fair Work Commission approved the STILLITANO CONCRETE PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027. The agreement is now legally binding between the parties, and it will govern the terms and conditions of employment for the specified period.

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