Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 725

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/378)

YURRINGA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS LABOUR HIRE INDIGENOUS EMPLOYMENT & TRAINING ENTERPRISE AGREEMENT 2024-2026

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 FEBRUARY 2025

Application for approval of the Yurringa Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Yurringa Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Labour Hire Indigenous Employment & Training Enterprise Agreement 2024-2026 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 25 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of employees, and Yurringa Pty Ltd, a construction company, applied for the approval of a proposed Enterprise Agreement for the period 2024-2026. The agreement specifically focused on Indigenous employment and training within the subcontractor labour hire sector in Victoria. The union and the employer sought to establish terms and conditions that would enhance Indigenous employment opportunities and provide training within the industry, aiming to address historical underrepresentation of Indigenous workers in construction.

The primary legal issue before the Commission was whether the proposed Enterprise Agreement met the requirements set forth in the Fair Work Act 2009, particularly whether it contained provisions that were fair and reasonable in all respects. The Commission had to consider if the agreement provided appropriate protections and benefits for the employees, and if the terms were consistent with the broader objectives of the Fair Work Act, including the promotion of sustainable and productive employment relationships.

The Commission found that the agreement effectively addressed the needs of both parties, promoting Indigenous employment and providing necessary training and development opportunities. It concluded that the agreement contained fair and reasonable provisions that would not undermine the health and productivity of the industry. The Commission approved the agreement, recognising its potential to enhance employment opportunities for Indigenous workers and contribute to the broader social objective of improving Indigenous employment in the construction sector.

The Fair Work Commission approved the Enterprise Agreement, effective from the 1st of January 2024, subject to the terms and conditions outlined in the approved agreement. The approval ensures that the agreement will be legally binding on the parties and will govern the employment conditions of the workforce covered by 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