Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 630

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/315)

BSECC 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
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the BSECC 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 BSECC 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, BSECC PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Section sought approval for their Enterprise Agreement, covering the period 2024 to 2027. The agreement was a subject of negotiation between the employer and the union, and the commission was tasked with determining whether the terms of the agreement met the necessary criteria for approval.

The key legal issues before the commission were whether the agreement complied with the relevant provisions of the Fair Work Act 2009, including the requirements for good faith bargaining, and whether the terms of the agreement were consistent with the national minimum standards. The commission had to assess the process of negotiation, the content of the agreement, and its compliance with the statutory framework.

After examining the negotiation process and the terms of the agreement, the commission found that the agreement had been made in good faith and that it met the necessary criteria for approval. The commission determined that the agreement provided for fair and reasonable terms and conditions, and that it did not undervalue the role of the union in representing the employees. The commission was satisfied that the agreement met the requirements of the Fair Work Act, including the national minimum standards, and approved the agreement as a registered agreement.

The commission's decision was based on a careful analysis of the evidence presented and the legal principles governing enterprise agreements. The commission found that the agreement was a genuine and reasonable attempt to address the interests of both parties, and that it provided for fair and reasonable terms and conditions of employment. The commission's approval of the agreement was a recognition of the importance of good faith bargaining and the role of enterprise agreements in promoting industrial peace and stability.

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