Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 533

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/219)

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

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 11 FEBRUARY 2025

Application for approval of the RAF 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 RAF CIVIL PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 February 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved the Construction, Forestry and Maritime Employees Union and RAF Civil Pty Ltd. The union sought approval of a subcontractor enterprise agreement for earthmoving, excavation, and drainage work. The case was heard by the Fair Work Commission, Australia's workplace relations tribunal. The union argued that the proposed agreement was fair and appropriate for the workers, while the company contended that certain terms were overly restrictive and not in line with industry standards.

The primary legal issues before the Commission were whether the agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the Commission needed to determine if the agreement was fair and appropriate, covered the specified employees, and did not unfairly discriminate against any employee. The Commission also had to consider the balance of rights and obligations in the agreement, including pay rates, working conditions, and dispute resolution mechanisms.

In examining the agreement, the Commission assessed whether it provided adequate protections for the employees, while also ensuring it did not unduly burden the employer. The Commission considered various submissions from both parties, along with industry benchmarks and the general principles of fairness. Ultimately, the Commission found that the agreement was fair and appropriate, met the statutory criteria, and did not unfairly discriminate against any employee. The Commission approved the agreement, noting its balanced approach in addressing the needs of both the employees and the employer.

The Fair Work Commission approved the subcontractor enterprise agreement, subject to certain conditions. The decision underscores the importance of a balanced approach in enterprise bargaining, ensuring fair treatment for both employers and employees.

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