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austlii:cth/FWCA/2025/2799
General information, not legal advice.
FWCA
2025-08-22
Original judgment source is linked above.
s.185 - Enterprise agreement
ALWAYS PUMPING (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027
Application for approval of the Always Pumping (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027
[1] An application has been made for approval of an enterprise agreement known as the Always Pumping (VIC) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping 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 Always Pumping (Vic) Pty Ltd. The Agreement is a single enterprise agreement.
[2] 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 30 April 2025 and the Agreement was made on 10 July 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.
[3] The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.
[4] 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.
[5] 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.
[6] The Agreement is approved and, in accordance with s.54 of the Act, will operate from 29 August 2025. The nominal expiry date of the Agreement is 2 July 2027.
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