Industrial Demolition Services Pty Ltd

[2025] FWCA 1586

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Industrial Demolition Services Pty Ltd

(AG2025/1306)

INDUSTRIAL DEMOLITION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS DEMOLITION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 13 MAY 2025

Application for approval of the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Demolition 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 Industrial Demolition Services 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 18 March 2025 and the Agreement was made on 17 April 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 May 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

Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors have applied to the Fair Work Commission for the approval of the Demolition Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, with the Commission comprised of Deputy President P.J. Richardson, Commissioner R.M. Williams, and Commissioner M.A. Jones. The nature of the dispute was regarding the terms and conditions of employment, including wages, hours of work, and other employment-related matters, as outlined in the proposed agreement.

The legal issues that the Commission had to decide were whether the agreement complied with the Fair Work Act 2009, particularly in relation to the provisions for minimum wages, penalty rates, and other terms and conditions of employment. Additionally, the Commission needed to consider whether the agreement was made in good faith and whether it provided for the proper protection of employees. The Commission also needed to determine if the agreement met the criteria for a modern award, such as being simple, clear, and free of unnecessary complexity.

In reaching its decision, the Commission examined the proposed agreement in detail and considered the submissions made by the parties. The Commission noted that the agreement contained provisions that were consistent with the relevant modern awards and provided for appropriate wages, hours of work, and other employment-related matters. The Commission also found that the agreement was made in good faith and provided for the proper protection of employees. The Commission was satisfied that the agreement met the criteria for a modern award and approved the agreement. The Commission also made some minor amendments to the agreement to ensure that it complied with the Fair Work Act 2009.

The final orders made by the Commission were that the Demolition Enterprise Agreement 2024-2027, as amended, be approved as a modern award. The approved agreement will now apply to the employees of Industrial Demolition Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors from the effective date of the agreement. The Commission's decision provides certainty and stability for both the employer and employees in relation to the terms and conditions of employment.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established