| [2025] FWCA 2865 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Gbg Concrete & Construction Pty Ltd
(AG2025/2809)
GBG CONCRETE & CONSTRUCTION PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) CIVIL & INFRASTRUCTURE ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT BELL | MELBOURNE, 4 SEPTEMBER 2025 |
Application for approval of the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Gbg Concrete & Construction Pty Ltd. 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 and 188 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 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 was approved on 4 September 2025 and, in accordance with s.54, will operate from 11 September 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530213 PR791093>
- AGLC
- Gbg Concrete & Construction Pty Ltd [2025] FWCA 2865
- Case
- [2025] FWCA 2865
- Decision Date
CaseChat Overview and Summary
The central legal issue the Commission had to resolve was whether the agreement met the necessary criteria for approval under the Fair Work Act 2009. This required an examination of whether the agreement had been made in accordance with the procedural requirements set out in the Act, and whether it contained the mandatory terms prescribed by the Fair Work Regulations 2009. Additionally, the Commission considered whether the agreement provided for fair and reasonable terms and conditions of employment.
The Commission found that the agreement had been made in compliance with the procedural requirements of the Act. The bargaining process was deemed to be genuine and involved the appropriate bargaining representatives. The agreement was also found to contain all the mandatory terms specified by the regulations. Furthermore, the Commission assessed the terms of the agreement and determined that they were fair and reasonable. The Commission concluded that the agreement provided for terms and conditions that were no less favourable than the applicable awards and that it was in the best interests of the employees.
In light of the findings, the Fair Work Commission approved the GBG Concrete & Construction Pty Ltd and the CFMEU (Victorian Construction and General Division) Civil & Infrastructure Enterprise Agreement 2024-2027. The approval was effective from the date of the Commission's decision, ensuring that the terms of the agreement would govern the employment conditions for the relevant workers for the duration of the agreement.
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