Construction, Forestry and Maritime Employees Union

[2025] FWCA 125

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/5179)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 14 JANUARY 2025

Application for approval of the BDS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 BDS 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). 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 14 January 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 with BDS Civil Pty Ltd. The agreement aimed to set out the terms and conditions of employment for subcontractors engaged in earthmoving, excavation, and drainage work within the construction industry in Victoria. The CFMEU, representing the workers, sought to ensure fair and equitable terms through the agreement, which included provisions on wages, hours of work, and other employment conditions.

The primary legal issue before the Commission was whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement provided for minimum rates of pay and conditions, did not include prohibited content, and was made in good faith. Additionally, the Commission needed to consider whether the agreement was fair and reasonable, taking into account the interests of both the employees and the employer.

The Commission found that the agreement contained provisions that met the minimum standards prescribed by the Act, including adequate rates of pay and reasonable working hours. It also determined that the agreement did not include any prohibited content and was made in good faith, as evidenced by the negotiation process and the inclusion of provisions that addressed the interests of both parties. Furthermore, the Commission concluded that the agreement was fair and reasonable, considering the specific circumstances of the industry and the parties involved. Consequently, the Commission approved the agreement, recognising its balance of interests and adherence to the statutory framework.

The final order of the Commission was the approval of the Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027 between BDS Civil Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was deemed to be fair and reasonable and was approved in accordance with the provisions of the Fair Work Act 2009. This decision provided certainty and stability for both the employer and the employees covered by the agreement, ensuring that the terms and conditions of their employment were regulated by a legally binding enterprise agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established