Construction, Forestry and Maritime Employees Union

[2025] FWCA 3137

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3005)

STRUCTURAL SERVICES AUSTRALIA PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 - 2027

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

Application for approval of the STRUCTURAL SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the STRUCTURAL SERVICES AUSTRALIA PTY LTD and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings 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 (CFMEU). 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 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 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 dispute between Structural Services Australia Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) was brought before the Fair Work Commission. The parties sought approval of the Architectural Features & Fittings Enterprise Agreement 2024-2027. The central issues for determination involved whether the agreement met the requirements for approval under the Fair Work Act 2009, particularly in terms of ensuring fairness and compliance with the relevant provisions of the Act. The court had to examine if the agreement provided for the terms and conditions of employment in a manner that was fair and balanced, and whether it adhered to the procedural requirements for such agreements.

The court's reasoning focused on whether the agreement was genuinely negotiated between the employer and the union. It evaluated the procedural fairness of the bargaining process, ensuring that the agreement was not imposed but rather resulted from genuine negotiations. The court also assessed whether the agreement provided for a fair and reasonable balance of rights and obligations between the employer and employees, and whether it complied with the minimum standards set out in the Fair Work Act. The court found that the agreement met the necessary criteria for approval, as it was the product of genuine negotiations and provided for fair terms and conditions of employment.

The Fair Work Commission approved the Architectural Features & Fittings Enterprise Agreement 2024-2027, recognising that it was fairly negotiated and met the requirements for approval under the Fair Work Act. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, and it complied with the procedural and substantive requirements for enterprise agreements. The decision confirmed the validity of the agreement, which would now govern the employment conditions of the employees covered by the agreement for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established