Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2472

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2350)

SCAFFOLD LOGISTICS PTY LTD T/AS BASE INDUSTRIES AUSTRALIA AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER & GANTRY CRANE ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 25 JULY 2025

Application for approval of the SCAFFOLD LOGISTICS PTY LTD T/AS BASE INDUSTRIES AUSTRALIA and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger & Gantry Crane Enterprise Agreement 2024 – 2027.

An application has been made for approval of an enterprise agreement known as the SCAFFOLD LOGISTICS PTY LTD T/AS BASE INDUSTRIES AUSTRALIA and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger & Gantry Crane 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 25 July 2025 and, in accordance with s.54 of the Act, will operate from 1 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement made between Scaffold Logistics Pty Ltd t/as Base Industries Australia and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger & Gantry Crane Enterprise Agreement 2024 – 2027. The application for approval came before the Commission, which had to determine if the agreement met the necessary legal requirements and standards.

The legal issues the court had to decide included whether the agreement was genuinely an enterprise agreement, if it had been made in good faith, and whether it provided for fair and reasonable terms and conditions. The court also had to assess if the agreement complied with the relevant sections of the Fair Work Act 2009, including provisions about procedural fairness and the proper negotiation process.

The court found that the agreement met the necessary criteria for approval. The agreement was genuinely made by the parties, was negotiated in good faith, and provided for fair and reasonable terms and conditions. The court also determined that the agreement complied with the procedural requirements of the Fair Work Act, including the proper negotiation process and the requirement for the agreement to be in writing.

As a result, the Fair Work Commission approved the Scaffold Logistics Pty Ltd t/as Base Industries Australia and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger & Gantry Crane Enterprise Agreement 2024 – 2027.

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