Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3141

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3066)

BULL GROUP AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 18 SEPTEMBER 2025

Application for approval of the BULL GROUP AUSTRALIA 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 BULL GROUP AUSTRALIA 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) by the Construction, Forestry and Maritime Employees Union. 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 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 18 September 2025 and, in accordance with s.54 of the Act, will operate from 25 September 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 involved an application for the approval of an enterprise agreement between Bull Group Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement, titled the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, was proposed for consideration and approval under the Fair Work Act 2009. The dispute centred around whether the terms and conditions of the proposed agreement complied with the statutory requirements for enterprise agreements, particularly in relation to the coverage of the agreement, its compliance with the ‘better off overall’ test, and its adherence to the provisions of the National Employment Standards.

The legal issues before the court included whether the proposed agreement met the definition of an enterprise agreement under the Fair Work Act, whether it was made in good faith, and whether it satisfied the ‘better off overall’ test. Additionally, the court examined whether the agreement contained all the mandatory terms prescribed by the Fair Work Regulations and whether it complied with any relevant Australian National Standards. A further issue was whether the agreement provided for the appropriate coverage of employees and whether any proposed changes to working conditions were justifiable under the provisions of the Act.

The Fair Work Commission assessed the proposed agreement and found that it complied with the statutory requirements. The court considered the evidence presented by both parties and noted that the agreement was made in good faith and covered a defined group of employees. The Commission found that the proposed agreement met the ‘better off overall’ test, as it provided for terms and conditions that were at least as favourable as the applicable awards or other relevant agreements. Additionally, the Commission determined that the agreement included all the mandatory terms required by the Fair Work Regulations and did not contravene any Australian National Standards. The court approved the agreement, finding that it provided for the appropriate coverage of employees and that any changes to working conditions were justifiable under the Act.

In light of the findings, the Fair Work Commission approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, effective from the date of the decision. The Commission ordered that the agreement be registered and made available for inspection at the Fair Work Commission’s offices. The decision was made in accordance with the relevant provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established