Geotech Pty Ltd

[2025] FWCA 3053

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Geotech Pty Ltd

(AG2025/3043)

APPLICATION FOR APPROVAL OF THE GEOTECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 12 SEPTEMBER 2025

Application for approval of the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the GEOTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024 – 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

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

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a request for the approval of a proposed enterprise agreement between Geotech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The court was asked to determine if the agreement met the statutory requirements for approval under the Fair Work Act 2009. The parties presented their arguments, with Geotech Pty Ltd advocating for the agreement's approval and the CFMEU supporting its provisions.

The central legal issue revolved around whether the proposed agreement complied with the procedural and substantive requirements of the Fair Work Act 2009. Specifically, the court had to assess if the agreement was fairly negotiated and contained provisions that met the standards set forth by the Act. Furthermore, the court had to examine whether the agreement provided for a fair and reasonable balance of interests between the employer and the employees.

After considering the submissions from both parties, the court concluded that the agreement satisfied the necessary criteria for approval. The court found that the agreement was fairly negotiated and contained provisions that aligned with the requirements of the Fair Work Act 2009. The court also determined that the agreement provided for a fair and reasonable balance of interests between the employer and the employees. Consequently, the court approved the proposed enterprise agreement.

The final orders of the court were that the application for approval of the Geotech Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027 be granted, and the agreement be approved in accordance with the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established