| [2025] FWCA 28 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2024/5234)
V & G CONCRETE CONSTRUCTIONS (VIC) 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, 3 JANUARY 2025 |
Application for approval of the V & G CONCRETE CONSTRUCTIONS (VIC) 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 V & G CONCRETE CONSTRUCTIONS (VIC) 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 7 November 2024 and the Agreement was made on 12 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 10 January 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE527493 PR782971>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 28
- Case
- [2025] FWCA 28
- Decision Date
CaseChat Overview and Summary
The primary legal issues revolved around whether the agreement provided fair and reasonable terms and conditions, including pay and conditions, dispute resolution processes, and compliance with the "better off overall test" (BOOT). The Commission had to assess if the proposed terms were consistent with the Fair Work (Registered Organisations) Act 2009 and if they represented a genuine enterprise agreement.
The Fair Work Commission found that the agreement provided fair and reasonable terms and conditions for the employees covered by it. The Commission concluded that the proposed terms were in line with the Fair Work Act and passed the better off overall test. The agreement was deemed to meet the statutory requirements for approval. The Commission approved the enterprise agreement, noting that it balanced the interests of both the employer and the employees effectively.
The Commission issued a certificate of registration for the V & G Concrete Constructions (Vic) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Placement Enterprise Agreement 2024-2027, making it a registered agreement under the Fair Work Act.
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Background
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Evidence
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