Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3057

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2908)

BRACED STEEL RIGGING 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 PLATT	ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the BRACED STEEL RIGGING 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 BRACED STEEL RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 2 September 2025.

On 4 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Martin Murphy which resolved the pre-approval concern identified.

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.

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.

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.

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.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFMEUU) for approval of the BRACED STEEL RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The application was made under the Fair Work Act 2009, with the union seeking the agreement to be registered as a single-employer agreement. The primary dispute was whether the agreement complied with the legislative requirements and was fair and reasonable, considering the interests of both the employees and the employer.

The legal issues that the Commission needed to address included whether the agreement met the criteria for approval under section 231 of the Fair Work Act, including whether the agreement had been made in good faith, whether it contained the terms required by the Act, and whether it was likely to lead to better industrial relations outcomes. The Commission also had to consider the fairness of the terms of the agreement, particularly in light of the potential impact on employees' wages and conditions.

The Commission found that the agreement met the requirements for approval. It was made in good faith and contained all the necessary terms as stipulated by the Act. The Commission was satisfied that the agreement would lead to better industrial relations outcomes and was fair and reasonable. The Commission emphasised the importance of the agreement in providing a framework for the negotiation of wages and conditions, and the benefits it would bring to both the employer and the employees. The Commission approved the agreement, and it will now be registered as a single-employer agreement.

The final orders of the Commission included the approval and registration of the BRACED STEEL RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 as a single-employer agreement. The agreement will now be binding on the parties and will provide a framework for the negotiation of wages and conditions for the duration of the agreement.

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