Wagstaff Piling Pty Ltd Summary

[2025] FWCA 1722

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wagstaff Piling Pty Ltd

(AG2025/1445)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 MAY 2025

Application for approval of the Wagstaff Piling 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 Wagstaff Piling 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) by Wagstaff Piling Pty Ltd. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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 was approved on 23 May 2025 and, in accordance with s.54 of the Act, will operate from 30 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

The matter before the Fair Work Commission was an application for the approval of a proposed enterprise agreement between Wagstaff Piling Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors. The proposed agreement sought to establish terms and conditions of employment for employees engaged in piling work by Wagstaff Piling Pty Ltd. The Commission had to determine whether the agreement complied with the requirements of the Fair Work Act 2009 and if it was in the best interests of the employees involved.

The key legal issues before the Commission were whether the agreement complied with the procedural requirements set out in the Fair Work Act, whether it was free from any unfair content, and whether it was in the best interests of the employees. The Commission examined the process by which the agreement was negotiated and whether it was done in good faith. Additionally, the Commission assessed the content of the agreement to ensure it did not have any provisions that were unfair or detrimental to the employees.

In reaching its decision, the Fair Work Commission found that the agreement was negotiated in good faith and followed the necessary procedural requirements. The Commission also determined that the agreement did not contain any unfair provisions and was in the best interests of the employees. The Commission noted the benefits of the agreement, such as improved wages, conditions, and dispute resolution mechanisms, which would positively impact the employees. Therefore, the Commission approved the agreement, recognising its potential to provide fair and equitable outcomes for the workforce.

The Fair Work Commission approved the proposed enterprise agreement, finding it to be fair and in the best interests of the employees. This decision highlights the importance of fair negotiation processes and the need for agreements to benefit the workforce while complying with legislative requirements.

Wagstaff Piling Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established