Construction, Forestry and Maritime Employees Union

[2025] FWCA 2391

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2251)

ULTIMATE STEEL PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 JULY 2025

Application for approval of the Ultimate Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Ultimate Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 May 2025 and the Agreement was made on 30 June 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval 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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 28 July 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 (CFME) applied for the approval of the Ultimate Steel Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The agreement was made under the Fair Work Act 2009, and the Commission's role was to assess whether the agreement met the criteria for approval. The dispute centred around whether the agreement provided for the fair and reasonable remuneration and conditions for the employees covered by the agreement.

The key legal issues before the Commission were whether the agreement was made in good faith, and whether it provided for fair and reasonable terms and conditions, including pay rates, penalty rates, and other entitlements. The Commission had to consider whether the agreement was free from any improper influence or coercion, and whether it provided for the fair treatment of employees and the avoidance of industrial disputes.

The Commission found that the agreement was made in good faith and provided for fair and reasonable terms and conditions for the employees. The agreement provided for a comprehensive set of entitlements, including pay rates, penalty rates, and other benefits, which were considered to be fair and reasonable. The Commission also found that the agreement was free from any improper influence or coercion, and provided for the fair treatment of employees and the avoidance of industrial disputes. As such, the Commission approved the agreement, subject to certain conditions and modifications to ensure compliance with the Fair Work Act 2009.

The Commission made certain orders to ensure compliance with the Act, including the requirement for the parties to provide a copy of the agreement to the Fair Work Ombudsman and to give notice of the agreement to certain employees. The Commission also made an order that the agreement would not be registered until certain modifications had been made to ensure compliance with the Act. Overall, the Commission found that the agreement met the criteria for approval and granted the application for approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established