Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3268

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3237)

30XY GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE SAWING AND DRILLING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 1 OCTOBER 2025

Application for approval of the 30XY GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the 30XY GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Sawing and Drilling Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 8 October 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, an application was lodged by the 30XY Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) seeking approval of their Enterprise Agreement for Subcontractors Concrete Sawing and Drilling, 2024 to 2027. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 in terms of its coverage, the procedural fairness of its negotiation, and its alignment with the Act's objectives.

The Commission was tasked with examining if the agreement was a genuine enterprise agreement, if it was negotiated in good faith, and if it adhered to the principles of procedural fairness and substantive fairness as outlined by the Act. Additionally, the court considered whether the agreement met the minimum terms and conditions as specified under the Fair Work Act 2009, and if it contained any terms that could be considered harsh, unjust, or unreasonable.

After reviewing the submissions and evidence presented, the Commission determined that the agreement was a genuine enterprise agreement, negotiated in good faith and in accordance with the principles of procedural fairness. The agreement was found to be consistent with the objectives of the Fair Work Act 2009, including the provision of minimum terms and conditions. The Commission approved the agreement, acknowledging that it was fair and reasonable for the employees covered by it. The approval was granted subject to any necessary modifications to ensure compliance with the Act's requirements.

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