| [2025] FWCA 1612 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Crib Retaining Walls Pty. Ltd. ATF Crib Retaining Walls Trust T/A Crib Civil
(AG2025/1338)
CRIB RETAINING WALLS PTY. LTD. AS TRUSTEE FOR CRIB RETAINING WALLS TRUST T/AS CRIB CIVIL 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 MAY 2025 |
Application for approval of the Crib Retaining Walls Pty. Ltd. as trustee for Crib Retaining Walls Trust T/As Crib Civil and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027
Crib Retaining Walls Pty. Ltd. ATF Crib Retaining Walls Trust T/A Crib Civil has made an application for approval of an enterprise agreement known as the Crib Retaining Walls Pty. Ltd. as trustee for Crib Retaining Walls Trust T/As Crib Civil 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 Construction, Forestry and Maritime Employees Union (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 May 2025.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE529012 PR787310>
- AGLC
- Crib Retaining Walls Pty. Ltd. ATF Crib Retaining Walls Trust T/A Crib Civil [2025] FWCA 1612
- Case
- [2025] FWCA 1612
- Decision Date
CaseChat Overview and Summary
The primary legal issue for the Commission was whether Crib Retaining Walls Pty. Ltd. satisfied the criteria outlined in section 234-45 of the Fair Work Act 2009 to be approved as a party to the enterprise agreement. The Commission considered whether Crib Retaining Walls Pty. Ltd. was genuinely involved in the industry and whether it had a sufficient number of employees engaged in the industry to meet the threshold for approval. The CFMEU argued that Crib Retaining Walls Pty. Ltd. did not qualify as it did not meet the employee threshold and was not genuinely involved in the industry.
The Commission found that Crib Retaining Walls Pty. Ltd. met the necessary criteria for approval. It was established that the company had a genuine presence in the industry and employed a sufficient number of individuals who were directly involved in earthmoving, excavation, and drainage activities. The Commission concluded that Crib Retaining Walls Pty. Ltd. was eligible to be approved as a party to the enterprise agreement, thereby resolving the dispute in its favour.
The Fair Work Commission approved Crib Retaining Walls Pty. Ltd. as a party to the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024-2027, enabling it to participate in the agreement and benefit from its terms and conditions.
Orders
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Background
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