Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2577

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2425)

ANJ RIGGING 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, 4 AUGUST 2025

Application for approval of the ANJ RIGGING 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 ANJ RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 4 August 2025 and, in accordance with s.54 of the Act, will operate from 11 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of the ANJ RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027. The application was made under section 236 of the Fair Work Act 2009 and the matter was heard by the Fair Work Commission. The dispute centered around whether the proposed enterprise agreement met the legal criteria for approval as a registered agreement.

The primary legal issue the court had to decide was whether the proposed enterprise agreement was a "better off overall test" (BOOT) agreement. This required the court to examine if the agreement provided a net benefit to the employees covered by it, compared to the relevant award or safety net. Additionally, the court needed to ensure that the agreement complied with all procedural requirements under the Fair Work Act.

The Fair Work Commission found that the proposed enterprise agreement did indeed meet the BOOT requirement, as it provided a net benefit to the employees by improving their wages and conditions. The court also confirmed that the agreement complied with all procedural requirements, including proper notice and consultation with the employees. Consequently, the court approved the enterprise agreement, finding it to be a "registered agreement" under section 171 of the Fair Work Act.

The final orders of the court were that the ANJ RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027 be approved and registered as a registered agreement. The agreement was to take effect from the date of the decision and would remain in force until it was terminated or replaced in accordance with 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