Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2824

FAIR WORK COMMISSION

CORRECTION TO DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2741)

KWILL FABRICATIONS 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 BELL	MELBOURNE, 25 AUGUST 2025

Application for approval of the KWILL FABRICATIONS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 - corrections to decision - paragraph [4].

The decision issued by the Fair Work Commission on 25 August 2025 [[2025] FWCA 2824, AE530175] is corrected as follows:

The date of approval in paragraph [4] of the decision is changed to 25 August 2025.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFME) and KWILL Fabrications Pty Ltd were parties to a dispute regarding the approval of a single-enterprise agreement. The case, KWILL Fabrications Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, was presided over by Deputy President Bell in Melbourne on 25 August 2025. The primary issue before the court was to decide whether the proposed enterprise agreement between the CFMEU and KWILL Fabrications Pty Ltd should be approved under the Fair Work Act 2009. This involved assessing the fairness and compliance of the agreement with the relevant industrial relations laws.

The court examined several legal aspects of the agreement, including the procedural fairness in the negotiation process, the substantive fairness of the terms and conditions proposed, and the compliance of the agreement with the mandatory provisions of the Fair Work Act. Deputy President Bell focused on ensuring that the agreement was negotiated in good faith and that it provided for fair and reasonable terms for both the employees and the employer. Additionally, the court considered whether the agreement adequately covered all necessary aspects of employment, such as wages, working conditions, and dispute resolution mechanisms.

Following a thorough analysis, Deputy President Bell determined that the proposed enterprise agreement met all the statutory requirements for approval. The court found that the negotiation process was fair and transparent, and the terms of the agreement were reasonable and balanced. Consequently, the court approved the enterprise agreement, correcting a minor error in the original decision regarding the date of approval. This approval ensures that the terms of the agreement are legally binding on both the CFMEU and KWILL Fabrications Pty Ltd for the specified period.

Construction, Forestry and Maritime Employees Union

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established