Idig Developments Pty Ltd Summary

[2025] FWCA 3426

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Idig Developments Pty Ltd

(AG2025/3398)

IDIG DEVELOPMENTS PTY LTD 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 MASSON	MELBOURNE, 14 OCTOBER 2025

Application for approval of the IDIG DEVELOPMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage 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 Earthmoving, Excavation and Drainage 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. 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 21 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the recent decision of Idig Developments Pty Ltd, the Fair Work Commission was tasked with considering the application for approval of the IDIG DEVELOPMENTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Earthmoving, Excavation and Drainage Enterprise Agreement 2024 - 2027. The parties involved in this dispute were Idig Developments Pty Ltd, the employer, and the Construction, Forestry, Maritime, Mining and Energy Union (CFMEU), representing the employees. The central issue was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including the provisions for genuine bargaining, the inclusion of essential terms, and the avoidance of terms that could undermine workplace fairness.

The legal issues before the Commission included the verification of the genuineness of the bargaining process between the employer and the union, the adequacy of the agreement in terms of essential terms such as minimum wages, penalty rates, and working conditions, and whether any provisions within the agreement could be seen as undermining the fairness of the workplace. The Commission needed to ensure that the agreement met the statutory standards set out in the Fair Work Act, particularly in relation to the protection of vulnerable employees and the maintenance of a safe and fair working environment.

The Commission found that the bargaining process was genuine, with evidence of good faith negotiations and sufficient engagement between the parties. It was determined that the agreement contained all the essential terms as required by the Fair Work Act, and there were no provisions that could be seen as undermining the fairness of the workplace. The Commission noted the comprehensive nature of the agreement, which covered various aspects of employment including wages, working conditions, and dispute resolution mechanisms. The decision to approve the agreement was based on the finding that it met all legislative requirements and would operate in a manner that was fair and just for both parties. The final orders included the approval of the enterprise agreement, subject to the conditions set out in the decision.

Idig Developments Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established