Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 839

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/496)

DIG NOW EXCAVATIONS 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 BELL	MELBOURNE, 7 MARCH 2025

Application for approval of the DIG NOW EXCAVATIONS 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 DIG NOW EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 7 March 2025 and, in accordance with s.54 of the Act, will operate from 14 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 by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the DIG NOW EXCAVATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027. The primary issue before the court was whether the agreement met the criteria for approval as set out in the relevant legislation. This involved assessing whether the agreement complied with procedural requirements and whether it contained provisions that were fair and reasonable.

The court began by examining the procedural fairness of the agreement, ensuring that the negotiation process was conducted in good faith and that all parties had an opportunity to be heard. The court then assessed the substantive fairness of the agreement, considering whether the terms and conditions provided for a fair balance of rights and obligations between the employer and the employees. In particular, the court focused on whether the agreement provided adequate protections for employees in relation to wages, hours of work, and other working conditions. The court also considered whether the agreement provided for effective dispute resolution mechanisms.

After careful consideration, the court found that the agreement met all the criteria for approval. The court was satisfied that the negotiation process was fair and that the agreement contained provisions that were fair and reasonable. The court noted that the agreement provided for a fair balance of rights and obligations between the employer and the employees and that it included provisions for effective dispute resolution. The court also found that the agreement provided adequate protections for employees in relation to wages, hours of work, and other working conditions.

The court approved the agreement and made an order to that effect. The court noted that the approval of the agreement was subject to certain conditions, including the requirement that the parties comply with the terms and conditions of the agreement and that any disputes arising under the agreement be resolved in accordance with the dispute resolution provisions contained in the 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