Construction, Forestry and Maritime Employees Union

[2025] FWCA 2835

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2754)

J SIMOS STEEL FIXING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 25 AUGUST 2025

Application for approval of the J Simos Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the J Simos Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The CFMEU, being a bargaining representative for the Agreement, has given notice under s 183 of the Act that it wants the Agreement to cover it. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 25 August 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the J Simos Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027, the parties involved were the Construction, Forestry and Maritime Employees Union (CFMEU) and J Simos Steel Fixing Pty Ltd. The dispute centred on the fairness and compliance of the proposed enterprise agreement under the Fair Work Act 2009. The Fair Work Commission, which has jurisdiction over such matters, was the court that heard and decided the case.

The central legal issues the Commission had to address included whether the proposed agreement met the "better off overall test" and whether it complied with the Fair Work Act's requirements. Specifically, the Commission needed to ensure that the agreement was fair and reasonable, provided for the efficient operation of workplaces, and did not undermine the operation of the safety net of minimum entitlements. Additionally, the Commission examined whether the agreement was genuinely negotiated between the parties and if it adhered to the principles of good faith bargaining.

The Fair Work Commission, after reviewing the submissions from both parties and considering the provisions of the proposed agreement, found that it met the necessary criteria for approval. The Commission determined that the agreement was fair and reasonable, provided for the efficient operation of workplaces, and did not undermine the safety net of minimum entitlements. Furthermore, the Commission was satisfied that the agreement had been genuinely negotiated and complied with the principles of good faith bargaining. As a result, the Commission approved the enterprise agreement.

In its decision, the Commission approved the J Simos Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027, effective from the date of the decision. This approval ensures that the terms of the agreement will apply to the relevant employees and employers, providing a framework for their industrial relations for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established