| [2025] FWCA 3405 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Idig Developments Pty Ltd Trading AS 151 039 851
(AG2025/3389)
IDIG DEVELOPMENTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS FORMWORK ENTERPRISE AGREEMENT 2024 - 2027
| Building, metal and civil construction industries | |
| DEPUTY PRESIDENT MASSON | MELBOURNE, 13 OCTOBER 2025 |
Application for approval of the IDIG DEVELOPMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027
An application has been made for approval of an enterprise agreement known as the IDIG DEVELOPMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork 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 Idig Developments Pty Ltd Trading AS 151 039 851. The Agreement is a single enterprise agreement.
The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 22 August 2025 and the Agreement was made on 19 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
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 20 October 2025. The nominal expiry date of the Agreement is 2 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE530728 PR792549>
- AGLC
- Idig Developments Pty Ltd Trading AS 151 039 851 [2025] FWCA 3405
- Case
- [2025] FWCA 3405
- Decision Date
CaseChat Overview and Summary
The legal issues before the Commission were whether the agreement provided for fair and reasonable terms and conditions, and if it complied with the relevant provisions of the Fair Work Act. Specifically, the Commission had to consider the adequacy of provisions related to wages, hours of work, and other terms and conditions. The application also required scrutiny of whether the agreement provided for appropriate mechanisms for dispute resolution and whether it met the 'better off overall test' for employees.
The Commission found that the proposed agreement was fair and reasonable, providing for adequate terms and conditions. It concluded that the agreement included provisions that met the better off overall test, ensuring employees would not be worse off by the terms of the agreement. The Commission also noted the inclusion of dispute resolution mechanisms that were compliant with the Act. Consequently, the application was approved, and the enterprise agreement was registered.
The final orders of the Commission were that the IDIG DEVELOPMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Formwork Enterprise Agreement 2024 - 2027 be approved and registered under section 233 of the Fair Work Act 2009.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.