Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2984

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2915)

GSF NOMINEES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 5 SEPTEMBER 2025

Application for approval of the GSF NOMINEES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the GSF NOMINEES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations 2009 (Cth). I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

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 the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 12 September 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

The Fair Work Commission was presented with an application for the approval of the GSF Nominees Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The dispute centred on whether the agreement met the requirements of the Fair Work Act 2009 in terms of its provisions, coverage, and compliance with relevant national employment standards. The commission was tasked with determining if the agreement was suitable for approval and registration.

The legal issues before the commission involved assessing whether the agreement covered the correct bargaining units, if it contained all the required minimum terms and conditions, and whether it complied with the procedural fairness requirements set forth in the Act. Additionally, the commission had to ensure that the agreement did not contain any terms that were contrary to public policy or were otherwise invalid.

The commission found that the agreement met all necessary requirements. It was noted that the agreement properly identified the bargaining units and included all the mandated minimum terms and conditions. The commission also determined that the agreement was procedurally fair, as it had been negotiated in good faith. The provisions of the agreement were found to be within the scope of the relevant national employment standards and did not contravene any public policy considerations.

In light of these findings, the commission approved and registered the GSF Nominees Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The agreement was deemed to be valid and enforceable under the Fair Work Act 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