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austlii:cth/FWCA/2025/2769
General information, not legal advice.
FWCA
2025-08-20
Original judgment source is linked above.
s.185 - Application for approval of a single-enterprise agreement
MITCHCON PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027
Application for approval of the Mitchcon 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 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.
[2] The matter was allocated to my Chambers on 19 August 2025.
[3] 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.
[4] 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.
[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) of the Act I note that the Agreement covers this organisation.
[6] 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.
[7] 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.
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