Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2743

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2584)

GVP FABRICATORS 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 PLATT	ADELAIDE, 15 AUGUST 2025

Application for approval of the GVP FABRICATORS 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 GVP FABRICATORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 12 August 2025.

On 12 August 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Gary Cowap and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for the approval of the GVP FABRICATORS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027. The primary parties to the dispute were GVP FABRICATORS PTY LTD and the union, with the latter representing the interests of the subcontractors involved. The dispute centred around the terms and conditions of employment as stipulated in the proposed enterprise agreement.

The legal issues the court was required to decide centred around whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. Specifically, the court had to assess whether the agreement contained terms that were fair and reasonable, taking into account the Fair Work (Registered Organisations) Act 2009. This included examining whether the agreement adhered to the principles of good faith bargaining and whether it was consistent with the provisions of the Act.

In its decision, the court carefully reviewed the proposed terms of the enterprise agreement, considering the nature of the work, the roles of the parties involved, and the broader economic context. The court found that the agreement was fair and reasonable and met all the necessary criteria for approval. The terms were deemed to be in line with the principles of good faith bargaining and were consistent with the provisions of the Act. Therefore, the court granted the application for approval of the enterprise agreement.

The final orders of the court were that the GVP FABRICATORS PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. This decision effectively sets the terms and conditions of employment for the subcontractors within the specified period, providing legal certainty and stability for both the employers and the employees involved.

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