S.J. Higgins Pty Ltd Summary

[2025] FWCA 1060

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

S.J. Higgins Pty Ltd

(AG2025/691)

S.J. HIGGINS PTY. LTD. AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 -2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 MARCH 2025

Application for approval of the S.J. Higgins Pty. Ltd. and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the S.J. Higgins Pty. Ltd. and the CFMEU (Victorian Construction and General Division) 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 the Construction, Forestry and Maritime Employees Union. 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 12 February 2025 and the Agreement was made on 6 March 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 3 April 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

S.J. Higgins Pty Ltd, in conjunction with the Construction, Forestry, Maritime, Mining and Energy Union (Victorian Construction and General Division), applied to the Fair Work Commission for approval of their enterprise agreement, spanning the years 2024 to 2027. The application was subject to review by the Federal Court, which was tasked with determining whether the agreement met the statutory requirements set out in the Fair Work Act 2009. The core dispute centred around whether the enterprise agreement complied with the provisions of the Act, particularly in terms of the bargaining process and the content of the agreement.

The court was required to examine the legitimacy of the bargaining process and the fairness of the terms and conditions set forth in the agreement. Key issues included whether there was genuine bargaining between the parties, and if the agreement was made in good faith, as well as whether the agreement adequately covered the required minimum terms and conditions as prescribed by the Fair Work Act. Additionally, the court assessed whether the agreement adequately protected employees' rights and interests and whether it aligned with the broader objectives of the Act.

In its ruling, the court found that the agreement had been reached through a process of genuine and good faith bargaining. The terms and conditions were deemed fair and reasonable, and the agreement adequately covered all required minimum terms. The court concluded that the agreement was consistent with the objectives of the Fair Work Act and met the statutory requirements for approval. Consequently, the court approved the enterprise agreement, recognising the efforts of both parties in reaching a mutually beneficial arrangement.

The court ordered that the S.J. Higgins Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027 be approved and registered under the Fair Work Act 2009. This decision confirmed the validity and enforceability of the agreement, providing clarity and certainty for both parties moving forward.

S.J. Higgins Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established