Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 718

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/368)

TEXCO CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) BUILDER ENTER-PRISE AGREEMENT 2024 - 2027

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

Application for approval of the Texco Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Texco Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027 (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 20 February 2025.

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 matter before the Court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the Texco Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Builder Enterprise Agreement 2024-2027. The dispute centred on whether the agreement met the necessary requirements under the Fair Work Act 2009 for it to be approved by the Court. The application was heard in the Fair Work Commission.

The central legal issue before the Court was whether the agreement contained all the necessary minimum terms and conditions as required by section 230 of the Fair Work Act 2009. This included verifying that the agreement covered all the minimum entitlements prescribed by the relevant modern awards and that it did not undermine the fundamental rights of employees as provided by the Act. Additionally, the Court needed to determine if the agreement had been fairly negotiated and if it complied with procedural requirements.

The Court reviewed the agreement in detail, assessing it against the statutory requirements. It was found that the agreement did include all the necessary minimum terms and conditions, as it aligned with the relevant modern awards and did not undermine employees' fundamental rights. The Court also confirmed that the agreement had been fairly negotiated and that the procedural requirements were met. Consequently, the Court approved the agreement, noting that it provided a fair and reasonable framework for the employees in the specified period.

No further orders were made beyond the approval of the agreement as submitted. The decision confirmed the agreement's validity and effectiveness, ensuring that both parties would be bound by its terms for the duration specified.

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