Construction, Forestry and Maritime Employees Union

[2025] FWCA 2866

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2748)

R & J SUTHERLAND PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 27 AUGUST 2025

Application for approval of the R & J SUTHERLAND 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 R & J SUTHERLAND PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 9 July 2025 and the Agreement was made on 1 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 3 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 parties involved in this case were R & J Sutherland Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on the application for approval of the R & J Sutherland Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027. The case was heard in the Fair Work Commission, which has jurisdiction over such matters under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the proposed enterprise agreement met the statutory requirements for approval and if it complied with the provisions of the Fair Work Act. This included assessing if the agreement was genuinely negotiated between the parties, if it contained appropriate dispute resolution mechanisms, and if it adhered to the applicable minimum standards, such as those relating to wages, hours of work, and other conditions of employment.

The Commission considered the evidence and submissions from both parties, focusing on the negotiation process, the terms and conditions outlined in the agreement, and the compliance with statutory requirements. The Commission concluded that the agreement was genuinely negotiated and contained appropriate dispute resolution mechanisms. Furthermore, it was found to be compliant with the minimum standards set out in the Fair Work Act. As a result, the Commission approved the enterprise agreement.

The final order of the Commission was the approval of the R & J Sutherland Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027, which would now be binding on the parties and their employees 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