Construction, Forestry and Maritime Employees Union

[2025] FWCA 514

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/264)

CDR SCAFFOLDING PTY LTD T/AS GIBRALTAR CONCRETING AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 FEBRUARY 2025

Application for approval of the CDR Scaffolding Pty Ltd T/AS Gibraltar Concreting and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the CDR Scaffolding Pty Ltd T/AS Gibraltar Concreting and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 7 February 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved the Construction, Forestry and Maritime Employees Union (CFMEU) and CDR Scaffolding Pty Ltd T/AS Gibraltar Concreting. The dispute centred on the application for the approval of a Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027. The Commission had to determine whether the agreement met the statutory requirements under the Fair Work Act 2009.

The primary legal issues revolved around whether the agreement provided for minimum wages and conditions, covered essential terms, and was free from unfair content. The Commission also had to consider whether the agreement was consistent with the national system for the resolution of industrial matters. Additionally, the Commission examined if the agreement was in the best interests of the employees covered by it.

In its decision, the Commission determined that the agreement satisfied all necessary statutory requirements. The Commission found that the agreement set out minimum wages and conditions that were not less favourable than those provided by the relevant awards or the national workplace determinations. It also concluded that the agreement covered all the prescribed minimum terms and was free from unfair content. The Commission found the agreement to be in the best interests of the employees, as it provided for reasonable protections and benefits. Based on these findings, the Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027.

The Fair Work Commission approved the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027, effective from the date of the decision. This approval ensures that the agreement will apply to the relevant employees and employers, providing a framework for their industrial relations for 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