Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2836

The attached document replaces the document previously issued with the above code on 15 August 2025.

The MNC has been corrected from [2025] FWC 2397 to [2025] FWCA 2836.

Associate to Commissioner Lee

Dated 25 August 2025

[2025] FWCA 2836

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2622)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 15 AUGUST 2025

Application for approval of the KASALO STEEL FIXING 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 KASALO STEEL FIXING 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.

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 22 August 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 matter before the court involved an application for approval of the KASALO STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The dispute arose as the parties sought to have the proposed agreement approved under the Fair Work Act 2009. The court was tasked with determining whether the agreement met the criteria for approval as stipulated in the legislation.

The primary legal issue before the court was whether the proposed enterprise agreement satisfied the requirements for approval under the Fair Work Act 2009. This involved assessing whether the agreement included provisions that were consistent with the objectives of the Act, including promoting high levels of employment, enterprise flexibility, and maintaining and promoting efficient and productive workplace relations. The court had to consider the specific provisions of the agreement, as well as any submissions made by the parties.

The court found that the proposed agreement contained provisions that aligned with the objectives of the Fair Work Act 2009. It was noted that the agreement included provisions for minimum wages, penalty rates, and other terms and conditions of employment that were fair and reasonable. The court also considered the submissions made by the parties and found that the agreement provided for an efficient and productive workplace while maintaining and promoting good workplace relations. Consequently, the court approved the agreement under section 235 of the Act.

The final orders of the court were that the KASALO STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 be approved under section 235 of the Fair Work Act 2009. The agreement was to be registered with the Fair Work Commission, and it was to take effect from the date of the approval. The court's decision ensured that the terms and conditions of employment in the agreement would be binding on the parties and their employees, providing a clear framework for workplace relations during the period of the agreement.

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