Construction, Forestry and Maritime Employees Union

[2025] FWCA 764

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/369)

ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TRAFFIC CONTROL ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 27 FEBRUARY 2025

Application for approval of the ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

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

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 6 March 2025. The nominal expiry date of the Agreement 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) applied for approval of the ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027. The dispute centred on whether the proposed enterprise agreement met the requirements for approval under the Fair Work Act 2009. The Commission was tasked with determining whether the agreement was fairly and appropriately negotiated and if it complied with the relevant provisions of the Act.

The key legal issues before the Commission were whether the agreement was made in good faith and whether it provided for the terms and conditions of employment that were fair and reasonable. Additionally, the Commission needed to assess whether the agreement met the requirements for "independent" negotiation, particularly in light of the parties' historical industrial relations landscape. The Commission also considered whether the agreement adequately protected the rights and interests of employees, particularly in terms of remuneration, working conditions, and dispute resolution mechanisms.

The Commission found that the agreement was fairly and appropriately negotiated and that it complied with the relevant provisions of the Fair Work Act. The Commission was satisfied that the agreement was made in good faith and that it provided for the terms and conditions of employment that were fair and reasonable. The Commission noted that while the parties had a complex industrial relations history, the negotiation process for this agreement was independent and transparent. The agreement was found to adequately protect the rights and interests of employees, particularly in terms of remuneration, working conditions, and dispute resolution mechanisms. Consequently, the Commission approved the enterprise agreement.

The final orders of the Commission were that the ARGUS CONSTRUCTION SERVICES (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Traffic Control Enterprise Agreement 2024 - 2027 be approved. The agreement would now be registered with the Fair Work Commission and would apply to the employees of Argus Construction Services (Vic) Pty Ltd who are covered by the agreement. This approval ensures that the terms and conditions outlined in the agreement are legally binding and enforceable.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established