Construction, Forestry and Maritime Employees Union

[2025] FWCA 635

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/346)

VICFLOW CIVIL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS EARTHMOVING, EXCAVATION AND DRAINAGE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 19 FEBRUARY 2025

Application for approval of the VICFLOW CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027.

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

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 19 February 2025 and, in accordance with s.54 of the Act, will operate from 26 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and VICFLOW Civil Pty Ltd applied to the Fair Work Commission for approval of their Enterprise Agreement. The dispute centred around the terms and conditions of employment for subcontractors in the earthmoving, excavation, and drainage sectors. The application was heard by the Fair Work Commission, which has jurisdiction under the Fair Work Act 2009 to approve, modify, and reject enterprise agreements. The central legal issues the Commission had to address were whether the proposed agreement complied with the statutory requirements for enterprise agreements and whether it provided for the fair and efficient resolution of workplace issues. The Commission examined the agreement to ensure it met the criteria of being in writing, covering a specified period, and dealing with the terms and conditions of employment for the relevant employees. It also considered whether the agreement provided for a fair and efficient resolution of workplace issues and did not predetermine the outcomes of any future enterprise bargaining.

The Commission found that the agreement was comprehensive and addressed the key terms and conditions of employment for subcontractors in the specified sectors. It concluded that the agreement provided for a fair and efficient resolution of workplace issues and did not predetermine the outcomes of any future enterprise bargaining. The Commission was satisfied that the agreement complied with the statutory requirements for enterprise agreements and approved the agreement as proposed. The Commission noted that the agreement provided for a dispute resolution process that included mediation and, if necessary, arbitration. It also included provisions for the review and amendment of the agreement, ensuring that it remained relevant and effective in addressing the needs of the parties involved.

The Fair Work Commission approved the VICFLOW Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027, subject to the conditions set out in the order. The agreement was deemed to be in force from the date of the approval and would remain in effect until the end of the specified period, unless earlier terminated in accordance with the agreement or the Fair Work Act 2009. The Commission's decision provided clarity and certainty for the parties involved, ensuring that the agreement would facilitate fair and efficient workplace relations in the specified sectors.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established