Mitchcon Pty Ltd

[2025] FWCA 2769

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Mitchcon Pty Ltd

(AG2025/2687)

MITCHCON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 20 AUGUST 2025

Application for approval of the Mitchcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Mitchcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by Mitchcon Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 19 August 2025.

I note the Agreement was not lodged within 14 days after it was made as a result of administrative delays including the appointment of a representative to assist with lodgement of the application (on the day the application was required to be filed) and the Agreement being in draft format which was rectified and subsequently provided to the CFMEU for re-signing. Pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 12 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Mitchcon Pty Ltd applied to the Fair Work Commission (FWC) for the approval of a proposed enterprise agreement, the Mitchcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The Fair Work Commission assessed the application to determine whether the proposed agreement complied with the requirements of the Fair Work Act 2009 (Cth). The key legal issues included whether the proposed agreement was a genuine enterprise agreement, whether it complied with the relevant provisions of the Act, and whether it met the "better off overall test" (BOOT).

The Fair Work Commission found that the proposed agreement was genuine and complied with the statutory requirements. The Commission considered the negotiation process, the terms of the agreement, and whether the agreement was in the best interests of the employees. The Commission noted that the agreement contained provisions that were consistent with industry standards and practices, and that the employees would be better off overall by the terms of the agreement. The Commission also found that the agreement met the requirements of the BOOT, as it provided employees with improved pay, conditions, and job security.

In light of the findings, the Fair Work Commission approved the Mitchcon Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The Commission's decision was based on the evidence presented and the legal considerations outlined above. The approval of the agreement will provide a framework for the employment relationship between the employer and the employees covered by the agreement, and will set out the terms and conditions of employment for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established