Construction, Forestry and Maritime Employees Union

[2025] FWCA 2829

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2713)

M.S.M. 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
COMMISSIONER MATHESON	SYDNEY, 25 AUGUST 2025

Application for approval of the M.S.M 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 M.S.M Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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.

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 1 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 has approved an enterprise agreement between M.S.M Rigging Pty Ltd and the Construction, Forestry and Maritime Employees Union (CFMEU). The agreement, titled the M.S.M Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027, was applied for approval under section 185 of the Fair Work Act 2009. The CFMEU sought the approval on behalf of the employees in the building, metal and civil construction industries. The CFMEU, as the bargaining representative for the agreement, has given notice under section 183 of the Act that it wants the agreement to cover it, and it is approved to do so under section 201(2) of the Act.

The Commission determined that all relevant requirements under sections 186, 187 and 188 of the Act had been met for the approval of the agreement. The Commission noted that the agreement covers the organisation, and it is approved to operate from 1 September 2025, with a nominal expiry date of 2 July 2027. The Commission approved the agreement and noted that it will operate from the effective date as specified. The CFMEU has given notice that it wants the agreement to cover it, and the Commission has approved the agreement to cover it.

The Fair Work Commission approved the M.S.M Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027. The agreement was applied for approval under section 185 of the Fair Work Act 2009, and the CFMEU sought the approval on behalf of the employees in the building, metal and civil construction industries. The Commission determined that all relevant requirements under sections 186, 187 and 188 of the Act had been met for the approval of the agreement. The agreement is approved to cover the CFMEU, and it will operate from 1 September 2025 until its nominal expiry date of 2 July 2027.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established