Construction, Forestry and Maritime Employees Union

[2025] FWCA 553

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/203)

KJ JACKHAMMERING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS ROCKBREAKER ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 12 FEBRUARY 2025

Application for approval of the KJ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the KJ JACKHAMMERING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker 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 12 February 2025 and, in accordance with s.54 of the Act, will operate from 19 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) sought approval of the KJ Jackhammering Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rockbreaker Enterprise Agreement 2024 – 2027 under section 234 of the Fair Work Act 2009. The dispute arose from the negotiation and subsequent approval of an enterprise agreement between the parties. The primary issue before the Fair Work Commission was whether the agreement met the requirements of the Act, including being in the best interests of the employees and not containing any terms that were not in the employees’ interests.

The Commission examined the agreement's terms, the negotiation process, and the submissions from both parties. It considered whether the agreement provided fair and reasonable terms for the employees, including pay, conditions, and dispute resolution mechanisms. The Commission also assessed whether the agreement complied with the procedural requirements of the Act, such as the necessity for good faith bargaining and the inclusion of a clause for future bargaining.

After reviewing the submissions and evidence presented, the Fair Work Commission determined that the agreement did meet the statutory requirements. The Commission found that the negotiation process was conducted in good faith and that the terms of the agreement were fair and reasonable. The Commission also noted that the agreement included appropriate mechanisms for future bargaining and dispute resolution, which were in the best interests of the employees. Consequently, the Commission approved the agreement, finding it to be compliant with the Fair Work Act.

No further orders were made by the Commission. The approval of the agreement allows it to be registered and enforceable as a registered agreement under the Act, providing the parties with a framework for industrial relations within the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established