Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2280

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2132)

JAMOSH PTY LTD T/AS K.O STEEL AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 11 JULY 2025

Application for approval of the JAMOSH PTY LTD T/As K.O STEEL 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 JAMOSH PTY LTD T/As K.O STEEL 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.

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 18 July 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

The case involved an application for approval of an enterprise agreement between JAMOSH PTY LTD trading as K.O STEEL and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the Subcontractors Steelfixing Enterprise Agreement 2024-2027. The application was brought before the Fair Work Commission, which is responsible for the approval of such agreements under the Fair Work Act 2009.

The primary legal issue before the Commission was whether the proposed agreement met the requirements for approval under the Act. This involved assessing whether the agreement contained the necessary terms and conditions, provided for the proper representation of employees, and did not contain any provisions that were contrary to the public interest or unfair to employees. The Commission also needed to determine whether the agreement was made in good faith and without coercion.

In reaching its decision, the Commission considered the evidence provided by both parties and examined the terms of the proposed agreement. The Commission found that the agreement contained all necessary terms and conditions and that it provided for the proper representation of employees. The Commission also concluded that the agreement was made in good faith and without coercion, and that it did not contain any provisions that were contrary to the public interest or unfair to employees. Accordingly, the Commission approved the proposed agreement.

The Fair Work Commission approved the Subcontractors Steelfixing Enterprise Agreement 2024-2027 between JAMOSH PTY LTD trading as K.O STEEL and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division).

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