Construction, Forestry and Maritime Employees Union

[2025] FWCA 2793

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2717)

ROOF RAIL SYSTEMS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SAFETY SYSTEMS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 22 AUGUST 2025

Application for approval of the ROOF RAIL SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ROOF RAIL SYSTEMS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Safety Systems Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss. 186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

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. In accordance with s.201(2) I note that the Agreement covers the organisation.

The Agreement was approved on 22 August 2025 and, in accordance with s.54 of the Act, will operate from 29 August 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 matter before the court involved an application for the approval of a subcontractor safety systems enterprise agreement between the Construction, Forestry and Maritime Employees Union (CFMEU) and ROOF RAIL SYSTEMS PTY LTD. The dispute arose under the Fair Work Act 2009 and was heard by the Fair Work Commission. The primary issue was whether the proposed agreement met the necessary requirements for approval under the Act, particularly in relation to the safety provisions outlined within the agreement.

The court was tasked with examining whether the agreement provided adequate safety measures for subcontractors and whether it adhered to the standards set forth by the Fair Work Act. It was essential to assess the terms of the agreement to ensure they were fair and balanced, taking into account the interests of both the employees and the employer. The court also needed to determine if the agreement contained appropriate dispute resolution mechanisms and whether it complied with the procedural requirements of the Act.

In its decision, the court found that the proposed agreement met the statutory requirements for approval. The agreement contained provisions that ensured the safety of subcontractors, including specific clauses that addressed the safety obligations of both parties. The court was satisfied that the agreement provided adequate mechanisms for resolving disputes and that it complied with the procedural requirements outlined in the Fair Work Act. As a result, the court approved the subcontractor safety systems enterprise agreement, allowing it to come into effect from the specified date.

The final orders of the court included the approval of the subcontractor safety systems enterprise agreement, with specific conditions attached to ensure ongoing compliance with the Fair Work Act. The court mandated that both parties adhere to the terms of the agreement and that any disputes arising under the agreement be resolved in accordance with the specified dispute resolution procedures. The decision provided a clear framework for the implementation of the agreement and set the precedent for future agreements in the industry.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established