Construction, Forestry and Maritime Employees Union

[2025] FWCA 2878

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2739)

HD RIGGING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 28 AUGUST 2025

Application for approval of the HD Rigging Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the HD Rigging Pty Ltd / CFMEU Collective 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.

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 4 September 2025. The nominal expiry date of the Agreement is 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a collective agreement between the CFMEU and HD Rigging Pty Ltd, spanning the years 2024 to 2027. The primary focus of the application was to ensure that the proposed agreement met the statutory requirements under the Fair Work Act 2009, particularly in terms of its fairness and compliance with the relevant industrial standards. The dispute centred around several key issues, including the terms of employment, wages, working conditions, and dispute resolution mechanisms. The Commission had to determine if the agreement was in the best interest of the employees and whether it complied with the overarching principles of the Act.

The legal issues that the Commission was tasked with resolving included whether the agreement provided for a fair and equitable resolution of employment disputes, if it met the "better off overall test" and whether it aligned with the objectives of the Fair Work Act. Additionally, the Commission considered the extent to which the agreement addressed the needs and interests of both the employees and the employer, and whether it provided a balanced approach to industrial relations. The fairness of the agreement in terms of its compliance with the broader industrial relations framework and the protection of employee rights was a central consideration.

In delivering its decision, the Commission carefully examined the terms of the agreement, taking into account submissions from both parties. The Commission found that the proposed collective agreement was fair and met the statutory requirements under the Fair Work Act. It was deemed to be better off overall for the employees, providing adequate protections and benefits while also addressing the legitimate needs of the employer. The Commission approved the agreement, acknowledging that it balanced the interests of both parties and aligned with the objectives of the Act. The Commission's approval was based on the comprehensive analysis of the agreement's terms and its alignment with the principles of fairness and industrial harmony.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established