Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 250

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5176)

BDS CIVIL PTY LTD T/AS BDS CIVIL & CONSTRUCTION AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 23 JANUARY 2025

Application for approval of the BDS CIVIL PTY LTD T/AS BDS CIVIL & CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BDS CIVIL PTY LTD T/AS BDS CIVIL & CONSTRUCTION and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 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 July 2024 and the Agreement was made on 19 December 2024. 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 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 30 January 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) made an application to the Fair Work Commission for approval of the BDS Civil Pty Ltd t/as BDS Civil & Construction and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The CFMEU sought approval under the Fair Work Act 2009. The employer, BDS Civil, did not oppose the application, but it did not actively seek approval either. The dispute centred on whether the agreement was in the interests of the employees covered by it, and whether it complied with the relevant statutory requirements.

The legal issues for the Commission to determine were whether the agreement was made in good faith and whether it was in the best interests of the employees. The Commission also needed to decide if the agreement met the statutory requirements for coverage, bargaining, and content. The CFMEU argued that the agreement was made in good faith and was in the best interests of the employees, while the employer did not oppose these claims but did not actively support them. The Commission examined the evidence provided, including submissions from both parties, to determine if the agreement was fair and reasonable for the employees.

The Fair Work Commission concluded that the agreement was made in good faith and was in the best interests of the employees. The Commission found that the agreement met all statutory requirements, including coverage, bargaining, and content. The CFMEU provided evidence that the agreement had been negotiated fairly and that it contained benefits for the employees. The Commission was satisfied that the agreement provided appropriate protections for employees and that it was fair and reasonable. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the BDS Civil Pty Ltd t/as BDS Civil & Construction and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024-2027. The agreement was approved as a registered agreement under the Fair Work Act 2009, effective from the date of the Commission's decision. The approval ensures that the terms of the agreement are legally binding on both parties and provides a framework for the employment conditions of the employees covered by it.

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