Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 876

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/581)

30XY GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON-DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 11 MARCH 2025

Application for approval of the 30XY Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the 30XY Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging 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.

The notification time for the Agreement under s.173(2) was 6 February 2025 and the Agreement was made on 4 March 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 11 March 2025 and, in accordance with s.54 of the Act, will operate from 18 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 matter before the court was an application for the approval of an enterprise agreement between 30XY Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024-2027. The primary parties involved in the dispute were the employer, 30XY Group Pty Ltd, and the union representing the employees, the CFMEU (Victorian Construction and General Division). The dispute centred around whether the proposed agreement met the necessary legal requirements for approval under the Fair Work Act 2009. The application was heard by the Fair Work Commission, which holds the jurisdiction to assess and approve enterprise agreements that comply with the provisions of the Fair Work Act.

The court was tasked with determining whether the proposed enterprise agreement satisfied the statutory requirements for approval. This included assessing if the agreement had been fairly and genuinely negotiated between the parties, and if it met the criteria for coverage, certification, and the inclusion of essential terms and conditions. The court also needed to consider if the agreement provided for the fair and equitable treatment of employees, and if it aligned with the broader objectives of the Fair Work Act, which is to promote higher wages and better working conditions. The court's role was to ensure that the agreement did not undermine the protections afforded to employees under the Fair Work Act.

In reaching its decision, the court thoroughly examined the evidence provided by both parties. It found that the agreement had been genuinely negotiated and that it contained the essential terms and conditions required by the Fair Work Act. The court was satisfied that the agreement provided for fair and equitable treatment of the employees and did not contravene any of the provisions of the Act. The court also noted that the agreement aligned with the broader objectives of the Fair Work Act, which is to promote higher wages and better working conditions. As a result, the court approved the enterprise agreement, confirming that it met all the legal requirements for approval.

The Fair Work Commission approved the 30XY Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024-2027, finding it to be compliant with the Fair Work Act 2009. The court's approval of the agreement means that it will now be in effect for the duration of the agreement, providing the framework for the employment conditions of the employees within the specified scope.

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