Construction, Forestry and Maritime Employees Union

[2025] FWCA 2872

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2805)

RAPID 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
DEPUTY PRESIDENT MASSON	MELBOURNE, 28 AUGUST 2025

Application for approval of the RAPID 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 RAPID RIGGING 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 11 July 2025 and the Agreement was made on 7 August 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) 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 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Rapid Rigging Pty Ltd were before the Fair Work Commission, applying for approval of the Rapid Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The dispute centred on the terms and conditions of employment for riggers and steel erectors working under the proposed agreement. The key legal issues were whether the agreement met the procedural and substantive fairness tests as outlined under the Fair Work Act 2009. Procedurally, the court examined if the bargaining process was conducted in good faith and if the agreement was made without any coercion, duress or improper influence. Substantively, the court assessed if the agreement provided for fair and reasonable terms and conditions of employment, including wages, working hours, and other benefits.

The Fair Work Commission concluded that the agreement satisfied both the procedural and substantive fairness tests. The bargaining process was deemed to have been conducted in good faith, with both parties engaging in negotiations without any evidence of coercion or duress. The terms of the agreement were found to be fair and reasonable, providing for adequate wages, reasonable working hours, and other benefits that aligned with industry standards. The Commission also noted the importance of the agreement in addressing the specific needs of the riggers and steel erectors within the construction industry, thereby enhancing their employment conditions. Given the compliance with the statutory requirements, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Rapid Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 be approved and registered. This decision ensures that the terms and conditions outlined in the agreement are legally binding and enforceable from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established