Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 916

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/554)

HEALEY INFRASTRUCTURE 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 PLATT	ADELAIDE, 14 MARCH 2025

Application for approval of the HEALEY INFRASTRUCTURE 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 HEALEY INFRASTRUCTURE 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) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 7 March 2025.

On 11 March 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Daniel Healey which resolved the pre-approval concern identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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) and Healey Infrastructure Pty Ltd applied for the approval of their enterprise agreement. This agreement, spanning from 2024 to 2027, pertains to subcontractors within the earthmoving, excavation, and drainage sectors in Victoria. The primary focus of the application was to ensure that the agreement met the legal requirements set forth in the Fair Work Act 2009. The union and the employer sought to establish terms and conditions of employment that were fair, efficient, and flexible for the employees involved.

The court had to determine whether the agreement provided for the modern award applicable to the employees, contained the minimum entitlements stipulated by the Fair Work Act, and did not undermine the safety nets provided by the safety net of minimum wages and conditions. Additionally, the court examined whether the agreement was made in good faith and whether the process followed in its creation was fair. The court also considered whether the agreement contained any terms that were contrary to public policy or could potentially lead to the undermining of the safety net.

The Fair Work Commission found that the agreement met all the legal requirements. It provided for the modern award and included minimum entitlements, ensuring that the safety net was preserved. The court noted that the agreement was made in good faith and that the process of its creation was fair. The terms of the agreement did not contravene any public policy and did not undermine the safety net of minimum wages and conditions. Therefore, the court approved the application for the agreement.

The final orders of the court were to approve the HEALEY INFRASTRUCTURE 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 decision. The agreement was to be registered and published in accordance with the Fair Work Act 2009.

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