Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2511

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2362)

THE LAWRY OPERATING TRUST (THE TRUSTEE FOR) T/AS LL INSTALLATIONS AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 30 JULY 2025

Application for approval of the Lawry Operating Trust (the Trustee for) T/AS LL Installations and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Lawry Operating Trust (the Trustee for) T/AS LL Installations 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). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 30 July 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The dispute between the Lawry Operating Trust, as the trustee for T/AS LL Installations, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) concerns the approval of the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. This case was brought before the Fair Work Commission to determine whether the proposed agreement met the legal standards for enterprise agreements as stipulated under the Fair Work Act 2009. The central issue revolved around whether the agreement provided for the appropriate balance between the rights and interests of employers and employees, including matters such as minimum wages, working conditions, and dispute resolution mechanisms.

The court was tasked with examining the provisions of the agreement to ensure they adhered to the requirements of the Fair Work Act, particularly focusing on whether the agreement contained all the mandatory terms and conditions that must be included in an enterprise agreement. This included verifying if the agreement dealt with all the prescribed matters and was in the best interests of the employees it covered. The court also needed to assess if the agreement was made in good faith and whether it provided for a fair and efficient process for resolving disputes.

After a thorough review, the Fair Work Commission found that the agreement contained all necessary provisions and met the legal standards required for approval. The court determined that the agreement appropriately balanced the interests of both employers and employees, included all mandatory terms, and was made in good faith. The commission noted that the agreement provided for an efficient dispute resolution process and was in the best interests of the employees. Consequently, the commission approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, affirming its compliance with the Fair Work Act.

The final orders of the commission were to approve the enterprise agreement, allowing it to come into effect as stipulated. This decision ensures that the agreement will regulate the employment terms and conditions for the relevant employees for the period 2024 to 2027, providing a clear framework for both parties moving forward.

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