Trevi Australia Pty Ltd

[2025] FWCA 3310

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Trevi Australia Pty Ltd

(AG2025/3230)

TREVI AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PILING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 1 OCTOBER 2025

Application for approval of the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Trevi Australia Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Piling 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 Trevi Australia Pty Ltd. The Agreement is a single enterprise agreement.

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 (CFMEU) 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 8 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

Trevi Australia Pty Ltd applied for approval of the proposed enterprise agreement with the CFMEU (Victorian Construction and General Division) Subcontractors Piling Enterprise Agreement 2024-2027. The dispute centred on the provisions of the proposed agreement, particularly those relating to wages, hours of work, and conditions of employment. The matter was heard in the Fair Work Commission. The legal issues for the Commission to decide were whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009, and whether it was in the best interests of the employees covered by the agreement.

The Commission considered whether the proposed agreement met the requirements of the Fair Work Act, including the "better off overall test" which requires that employees be no worse off financially under the new agreement than they would be under their existing awards or agreements. The Commission also examined the fairness of the agreement's terms and conditions, including whether they provided for adequate protections for employees. After considering the submissions from both parties and the evidence presented, the Commission found that the proposed agreement did meet the statutory requirements and was in the best interests of the employees. The Commission approved the agreement, noting that it provided for fair and reasonable terms and conditions of employment.

The Commission's decision was based on a detailed analysis of the evidence and submissions, and its conclusion that the agreement was fair and reasonable. The Commission noted that the agreement provided for a number of benefits for employees, including wage increases and improved conditions of employment. The Commission also found that the agreement met the "better off overall test" and provided for adequate protections for employees. The final orders of the Commission were that the proposed agreement be approved as a registered agreement under the Fair Work Act. The agreement will now come into effect on the date specified in the approval order.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established