Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 986

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/678)

DALY'S CONSTRUCTIONS (AUST) 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, 21 MARCH 2025

Application for approval of the Daly's Constructions (Aust) 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 Daly’s Constructions (Aust) 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 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 21 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, Construction, Forestry and Maritime Employees Union applied for approval of the proposed enterprise agreement between Daly's Constructions (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The dispute centred on whether the agreement met the legal requirements for approval under the Fair Work Act 2009. The central legal issues before the Commission were whether the agreement was in the best interests of the employees and whether it complied with the procedural requirements for approval. The Commission considered the evidence provided by both parties, the nature of the agreement, and its impact on the employees. The Commission concluded that the agreement was in the best interests of the employees and that it complied with the procedural requirements. The agreement was approved.

The Commission found that the proposed agreement provided fair and reasonable terms and conditions for the employees, including provisions for wages, hours of work, and other employment conditions. The Commission also noted that the agreement provided for a streamlined dispute resolution process and that it included provisions for employee representation and consultation. The Commission was satisfied that the agreement was not contrary to the public interest and that it did not undermine the operation of the Fair Work Act. The Commission also found that the agreement had been negotiated in good faith and that the parties had made a genuine effort to reach an agreement. The Commission approved the proposed agreement.

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