Construction, Forestry and Maritime Employees Union

[2025] FWCA 308

The attached document replaces the document previously issued with the above code on 29 January 2025.

The following changes have been made:

The Agreement title has amended from PLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027 to SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027.
The Agreement title in the subject line has been amended to SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027.
The Agreement title in paragraph [1] has been amended to SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 – 2027.

Associate to Deputy President Masson.

29 January 2025

[2025] FWCA 308

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/120)

SPLH SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PLACEMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 29 JANUARY 2025

Application for approval of the SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SPLH SERVICES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 6 December 2024 and the Agreement was made on 7 January 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 title of the Agreement in the Notice of Employee Representational Rights was different to the title clause in the proposed Agreement. However, I am satisfied that in all of the circumstances and having regard to Huntsman Chemical Company Australia Pty Limited T/A RMAX Rigid Cellular Plastics & Others[1], this constitutes a minor procedural or technical error for the purpose of s.188(5). Further, I am satisfied that the employees covered by the Agreement were not likely to be disadvantaged by the error.

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 5 February 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

[1] [2019] FWCFB 318.

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent case, the Construction, Forestry and Maritime Employees Union (CFMEU) sought approval for the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 between SPLH Services Pty Ltd and the CFMEU (Victorian Construction and General Division). The application was lodged with the Fair Work Commission, which has jurisdiction to approve enterprise agreements that meet certain criteria under the Fair Work Act 2009. The agreement in question pertains to the terms and conditions of employment for concrete placement subcontractors, and the dispute centred on whether the agreement complied with the statutory requirements for approval.

The primary legal issue for the Commission to decide was whether the proposed enterprise agreement contained all the necessary provisions as outlined in the Fair Work Act, and whether it was free from prohibited content. This included ensuring that the agreement did not unfairly discriminate against any class of employees, did not have an adverse effect on safety, and provided adequate mechanisms for dispute resolution. Additionally, the Commission had to verify that the agreement had been made in good faith and that the necessary procedural requirements were met, such as adequate consultation with the employees and the provision of a copy of the agreement to the Commission.

In examining the agreement, the Commission considered the submissions from both parties and the broader implications of the agreement on the industry. The Commission noted that the agreement comprehensively addressed the key employment terms and conditions and included provisions for dispute resolution, safety, and consultation. The Commission was satisfied that the agreement did not contain any prohibited content and that it was made in good faith. The procedural requirements were also met, with adequate consultation processes in place and the agreement being appropriately submitted to the Commission. Therefore, the Commission approved the agreement, finding it to be in compliance with the statutory requirements.

The final orders of the Commission were to approve the Subcontractors Concrete Placement Enterprise Agreement 2024 - 2027 between SPLH Services Pty Ltd and the CFMEU (Victorian Construction and General Division). This decision provides clarity and legal certainty for the parties involved and sets a precedent for similar agreements in the industry. The approval underscores the importance of adhering to the statutory framework while ensuring that the rights and interests of all parties are protected.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established