Construction, Forestry and Maritime Employees Union

[2025] FWCA 715

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/311)

BRYCO CIVIL CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCON-TRACTORS NON DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024-2027

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

Application for approval of the Bryco Civil Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Non Destructive Digging Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Bryco Civil Construction 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 13 February 2025.

On 14 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 a statutory declaration of Mr Hayden Bryan which resolved the pre-approval concern identified.

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

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CaseChat Overview and Summary

The matter involved an application for the approval of an enterprise agreement between Bryco Civil Construction Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) concerning non-destructive digging subcontractors. The application was heard by the Fair Work Commission. The central dispute centred on whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. Specifically, the court had to determine if the agreement satisfied the good faith bargaining requirements and did not include terms that were discriminatory or contrary to public policy.

The court examined the evidence presented on whether the parties had genuinely bargained in good faith, considering the nature of the agreement and the process undertaken to reach it. Additionally, the court assessed whether any terms of the agreement were unfair or discriminatory, and if they contravened any public policy considerations. The primary issue was ensuring that the agreement was fair and balanced, considering the interests of both the employer and the employees. The court also needed to ensure that the agreement adhered to the statutory framework for enterprise agreements.

After reviewing the submissions and evidence, the Fair Work Commission determined that the agreement met the statutory requirements for approval. The court found that the bargaining process was conducted in good faith and that the terms of the agreement were fair and not discriminatory. The commission concluded that the agreement did not contravene any public policy considerations and was in the best interests of the employees and the employer. The court found that the agreement was compliant with the requirements of the Fair Work Act 2009. Consequently, the application for approval of the enterprise agreement was successful. The agreement was approved and will now govern the employment conditions for non-destructive digging subcontractors employed by Bryco Civil Construction Pty Ltd.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established