Construction, Forestry and Maritime Employees Union (CFMEU)

[2025] FWCA 3010

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union (CFMEU)

(AG2025/2909)

QEST INFRATRUCTURE GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS NON-DESTRUCTIVE DIGGING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the QEST INFRATRUCTURE GROUP PTYLTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the QEST INFRATRUCTURE GROUP PTYLTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging 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 3 September 2025.

On 4 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 Wayne Palmer 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 matter before the court involved an application for approval of the QEST INFRATRUCTURE GROUP PTYLTD and the CFMEU (Victorian Construction and General Division) Subcontractors Non-Destructive Digging Enterprise Agreement 2024 - 2027. The applicant, QEST INFRATRUCTURE GROUP PTYLTD, sought the court's approval of the enterprise agreement, while the Construction, Forestry and Maritime Employees Union (CFMEU) did not oppose the application. The case was heard in the Fair Work Commission.

The central legal issue before the court was whether the enterprise agreement met the statutory requirements for approval under the Fair Work Act 2009. This included assessing whether the agreement was made in good faith and whether it provided for minimum terms and conditions that were not less favourable than the relevant national workplace determination. The court was also required to determine whether the agreement was properly certified as a simple greenfields agreement and whether it complied with the provisions of the Act.

In its decision, the court found that the enterprise agreement satisfied all the necessary criteria for approval. The agreement was made in good faith and provided for minimum terms and conditions that were not less favourable than those set out in the relevant national workplace determination. The court confirmed that the agreement was properly certified as a simple greenfields agreement and that it complied with all relevant provisions of the Fair Work Act 2009. Consequently, the court approved the enterprise agreement, allowing it to take effect from the specified commencement date.

The court's approval of the enterprise agreement was subject to certain conditions, which included the requirement that both parties adhere to the agreed-upon terms and conditions. The court emphasised the importance of maintaining a collaborative and cooperative relationship between the employer and the union to ensure the successful implementation of the agreement. The final orders of the court included the approval of the enterprise agreement, with the specified conditions attached.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established