Arc Site Services Pty Ltd

[2025] FWCA 1238

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Arc Site Services Pty Ltd

(AG2025/929)

ARC SITE SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 14 APRIL 2025

Application for approval of the Arc Site Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Arc Site Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 Arc Site Services 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 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.

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 21 April 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

Arc Site Services Pty Ltd, in conjunction with the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, filed an application for its approval before the Fair Work Commission. The applicants sought the endorsement of the proposed agreement, which outlines terms and conditions of employment for riggers and steel erectors within the specified period. The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act 2009, including provisions related to the better off overall test, procedural fairness, and the need for genuine agreement between the parties.

The Commission meticulously reviewed the proposed agreement, assessing whether it met the statutory requirements for approval. It examined whether the agreement provided for a fair and reasonable set of terms and conditions, considering the economic and non-economic benefits and detriments to the employees. The Commission also evaluated whether the agreement was genuinely negotiated and whether there was adequate procedural fairness in the process leading to its formulation. Furthermore, the Commission considered whether the agreement was consistent with the principles of the Fair Work Act, including the protection of employees' rights and interests.

After a thorough analysis, the Commission found that the agreement was compliant with the statutory requirements and met the criteria for approval. The Commission determined that the proposed terms and conditions were fair and reasonable, providing for a better off overall outcome for the employees. The Commission was satisfied that the agreement had been genuinely negotiated and that there was procedural fairness in the process. Consequently, the Commission approved the application for the agreement's endorsement, and the Arc Site Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 was approved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established