Construction, Forestry and Maritime Employees Union

[2025] FWCA 915

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/553)

EGANS (PERSONNEL) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Water, sewerage and drainage services
COMMISSIONER PLATT	ADELAIDE, 14 MARCH 2025

Application for approval of the Egans (Personnel) 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 Egans (Personnel) 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 supporting material which resolved the pre-approval concerns 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

The matter before the court involved the Construction, Forestry and Maritime Employees Union (CFMEU) and Egans (Personnel) Pty Ltd. The dispute centred around the approval of a proposed enterprise agreement for subcontractors in the earthmoving, excavation, and drainage sectors for the period 2024 to 2027. The application for approval was brought before the relevant authority to determine whether the agreement met the necessary criteria under the relevant industrial legislation.

The primary legal issue the court had to address was whether the proposed agreement complied with the provisions of the Fair Work Act 2009. Specifically, the court needed to assess if the agreement satisfied the requirements for genuine bargaining, whether it covered appropriate matters, and if it included appropriate terms and conditions that did not undermine the minimum entitlements of employees. Additionally, the court had to consider if the agreement was consistent with the principles of industrial relations law, ensuring it was fair and reasonable for all parties involved.

In delivering the decision, the court found that the proposed agreement met the necessary requirements under the Fair Work Act. The agreement demonstrated evidence of genuine bargaining, included appropriate terms and conditions, and did not undermine the minimum entitlements of employees. The court was satisfied that the agreement was fair and reasonable, and it met the standards expected under industrial relations law. Consequently, the court approved the agreement, allowing it to come into effect from the specified period.

The final order of the court was the approval of the Egans (Personnel) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. This decision was made based on the evidence provided and the findings that the agreement was compliant with the relevant legislation and industrial relations principles.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established