Danlaid Contracting Pty Ltd Summary

[2025] FWCA 2151

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Danlaid Contracting Pty Ltd

(AG2025/1879)

DANLAID CONTRACTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS WATERPROOFING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 JULY 2025

Application for approval of the Danlaid Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Danlaid Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing 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 Danlaid Contracting Pty Ltd. The Agreement is a single enterprise agreement.

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 8 July 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Danlaid Contracting Pty Ltd applied for approval of the Danlaid Contracting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Waterproofing Enterprise Agreement 2024-2027. The application was heard in the Fair Work Commission. The primary dispute was over whether the proposed agreement met the legal requirements for approval under the Fair Work Act 2009. The key legal issues involved assessing if the agreement was appropriately negotiated, contained necessary minimum terms, and did not unfairly disadvantage any party.

The Fair Work Commission examined the negotiation process, the inclusion of minimum terms, and whether the agreement was fair and reasonable. The Commission considered evidence of the negotiation process and the content of the agreement. It determined that the agreement was appropriately negotiated and contained all the minimum terms required by the Act. The Commission also found that the agreement was fair and reasonable and did not unjustifiably disadvantage any party. The Commission concluded that the agreement met the legal requirements for approval.

The Fair Work Commission approved the proposed enterprise agreement, stating it complied with the necessary legal standards. The Commission found the agreement to be fair and reasonable, with all minimum terms included and no unjustifiable disadvantage to any party. The approval ensures that the agreement can be implemented, providing a framework for the employment conditions of the parties involved.

Danlaid Contracting Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established