Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3172

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3086)

VSL AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 19 SEPTEMBER 2025

Application for approval of the VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the VSL AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 19 September 2025 and, in accordance with s.54 of the Act, will operate from 26 September 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 matter before the Fair Work Commission involved an application for the approval of the VSL Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The Construction, Forestry and Maritime Employees Union sought approval of the enterprise agreement, which was opposed by VSL Australia Pty Ltd on the grounds that certain provisions did not comply with the Fair Work Act 2009. The Commission was tasked with determining whether the agreement met the legal requirements for approval, specifically under section 232 of the Fair Work Act.

The central legal issues the Commission had to address were whether the enterprise agreement contained provisions that were not genuinely bargained for between the parties, whether it provided for terms and conditions that were not in the best interests of the employees, and whether it complied with the procedural requirements set out in the Fair Work Act. Additionally, the Commission had to consider whether the agreement included any unfair content that could potentially be struck down under section 233 of the Fair Work Act.

In its decision, the Commission examined the content of the enterprise agreement and the processes that led to its creation. The Commission noted that the agreement was the result of genuine bargaining between the parties and did not contain any terms that were not in the best interests of the employees. The Commission also found that the agreement met all procedural requirements and did not include any unfair content. Consequently, the Commission approved the enterprise agreement, confirming that it was fair and in compliance with the relevant legislative framework.

The Fair Work Commission approved the VSL Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The Commission's decision recognised the agreement as fair, genuinely bargained, and compliant with all legal requirements. The approval ensures that the terms and conditions outlined in the agreement are applicable to the employees for the specified period.

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