Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 714

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/274)

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

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 25 FEBRUARY 2025

Application for approval of the CKI INDUSTRIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027 (the Agreement)

An application has been made for approval of an enterprise agreement known as the CKI INDUSTRIAL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027 (the Agreement) (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 12 February 2025.

On 12 February 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 concern identified.

The Notice of Employee Representational Rights (NERR) is not in its prescribed form as required by s.174(1A) of the Act. I am satisfied taking into consideration s.188(5) of the Act, that the procedural or technical error in relation to the NERR is minor and that the employees were not likely to have been disadvantaged, and accordingly there has been a genuine agreement.

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 Construction, Forestry and Maritime Employees Union, represented by its Victorian Construction and General Division, sought approval of a non-destructive digging enterprise agreement between CKI Industrial Pty Ltd and the union. The application was brought before the Fair Work Commission, which has jurisdiction to approve such agreements under the Fair Work Act 2009. The central dispute centred on whether the agreement met the legislative requirements for approval, including whether it contained all the mandatory terms and conditions prescribed by law.

The legal issues the court had to address included whether the agreement provided for minimum wages and conditions, whether it allowed for flexibility in the workforce, and whether it complied with the procedural requirements for approval. Specifically, the court had to determine if the agreement was made in good faith and if it was appropriately negotiated between the parties. Furthermore, the court had to consider whether the agreement met the standard terms and conditions for the industry, including those related to wages, hours of work, and other employment conditions.

The court found that the agreement was comprehensive and met all the legislative requirements for approval. It contained all the mandatory terms and conditions as prescribed by law and allowed for the necessary flexibility in the workforce. The court also found that the agreement was made in good faith and was appropriately negotiated between the parties. The procedural requirements for approval were also met, and the agreement complied with the standard terms and conditions for the industry.

Accordingly, the Fair Work Commission approved the CKI Industrial Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027. This decision was made under section 234 of the Fair Work Act 2009, which provides for the approval of enterprise agreements that meet the necessary criteria. The agreement will now be registered and will apply to the employees covered by it, providing a framework for their employment conditions for the next three years.

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