Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2625

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2528)

ATCO STRUCTURES & LOGISTICS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS SITE AMENITIES INSTALLATION ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 11 AUGUST 2025

Application for approval of the ATCO STRUCTURES & LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Site Amenities Installation Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ATCO STRUCTURES & LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Site Amenities Installation Enterprise Agreement 2024 - 2027 (Agreement). The application was made by 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 18 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) and ATCO Structures & Logistics Pty Ltd were involved in a dispute regarding the approval of a Subcontractors Site Amenities Installation Enterprise Agreement for the period 2024-2027. The CFMEU, representing workers, and ATCO, the employer, sought the Commission's approval for the terms of the agreement. The primary legal issues centred on whether the agreement met the requirements of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009, particularly in terms of procedural fairness and whether the agreement was genuinely negotiated.

The Commission examined the process by which the agreement was reached, including whether the employer and the union had genuinely negotiated in good faith. The Commission also assessed whether the agreement contained terms that complied with the Fair Work Act's minimum standards and whether it provided for fair and reasonable terms for the employees. Key aspects of the agreement, such as working hours, wages, and site amenities, were scrutinised to ensure they met the legal standards for approval. The Commission concluded that the agreement had been genuinely negotiated and contained terms that were fair and reasonable, thus meeting the statutory requirements.

Having reviewed the evidence and submissions, the Commission found that the agreement complied with all relevant legislative requirements. The Commission approved the Subcontractors Site Amenities Installation Enterprise Agreement 2024-2027. The decision was based on the findings that the agreement was fairly negotiated, met the minimum standards set out in the Fair Work Act, and provided for fair and reasonable terms for the employees. This decision was communicated to the parties, and the agreement was registered under the Fair Work Act.

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