Construction, Forestry and Maritime Employees Union

[2025] FWCA 3167

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3063)

PEERS EARTHMOVING 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
COMMISSIONER PLATT	ADELAIDE, 19 SEPTEMBER 2025

Application for approval of the PEERS EARTHMOVING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the PEERS EARTHMOVING 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) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 September 2025.

On 16 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Jesse Tait and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case before the Fair Work Commission involved an application for approval of the PEERS EARTHMOVING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. The agreement sought to establish terms and conditions of employment for workers in the earthmoving, excavation, and drainage sectors under the auspices of the enterprise bargaining process. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009, particularly regarding procedural fairness and the inclusion of appropriate dispute resolution mechanisms.

The legal issues before the Commission included the validity of the bargaining process, whether the agreement adequately provided for procedural fairness, and if the proposed dispute resolution mechanisms were sufficient. Additionally, the Commission considered whether the agreement complied with the requirements for being a "single, integrated, and workable" agreement. The Commission had to scrutinise whether the agreement was made in good faith and whether it included all necessary provisions as per the legislative requirements.

In its decision, the Commission examined the evidence presented regarding the bargaining process and found it to be conducted in good faith, with proper representation and consultation. The Commission was satisfied that the agreement provided for procedural fairness and included appropriate dispute resolution mechanisms. It was determined that the agreement was single, integrated, and workable, and met all the necessary statutory requirements. Consequently, the Commission approved the agreement, finding that it complied with the relevant provisions of the Fair Work Act.

The Fair Work Commission approved the PEERS EARTHMOVING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027. This decision marked the agreement as compliant with the Fair Work Act, effective for the period specified, and binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established