Construction, Forestry and Maritime Employees Union

[2025] FWCA 627

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/275)

TREND 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
COMMISSIONER LEE	MELBOURNE, 18 FEBRUARY 2025

Application for approval of the TREND 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 TREND 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). 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

The matter before the court involved an application for approval of an enterprise agreement between TREND CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement for the period 2024-2027. The court was tasked with determining whether the agreement complied with the relevant provisions of the Fair Work Act 2009. The application was brought by the CFMEU, seeking the court’s endorsement of the agreement as a protected action in good faith.

The central legal issues the court needed to address were whether the agreement was made in good faith and whether it complied with the procedural and substantive requirements of the Fair Work Act. The court had to examine if the bargaining processes were fair and if the agreement contained terms that were reasonable in the circumstances of the bargaining. Furthermore, the court needed to determine if the agreement adhered to the minimum standards set by the Act, including provisions on minimum wages, penalty rates, leave entitlements, and other employment conditions.

The court assessed the evidence and submissions provided by both parties and found that the agreement was indeed made in good faith and complied with the procedural and substantive requirements of the Act. The court concluded that the bargaining process was fair, and the terms of the agreement were reasonable and met the minimum standards prescribed by the Act. The court was satisfied that the agreement was beneficial to the employees and would promote harmonious, productive and cooperative workplace relations. Consequently, the court approved the enterprise agreement as a protected action in good faith.

The final orders of the court included the approval of the TREND CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 as a protected action in good faith. The agreement would now be registered with the Fair Work Commission and would be enforceable as a lawful enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established