Construction, Forestry and Maritime Employees Union

[2025] FWCA 2231

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2101)

FULL CONSTRUCTION SERVICES PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 8 JULY 2025

Application for approval of the FULL CONSTRUCTION SERVICES 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 FULL CONSTRUCTION SERVICES 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). 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 15 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 applicants, Full Construction Services Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), sought the approval of the Full Construction Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, with Commissioner Gilmore presiding over the matter.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This required an examination of the agreement's compliance with the good faith bargaining requirements, the coverage of the agreement, and whether it provided for a fair and reasonable outcome for the employees involved. Additionally, the Commission had to consider if the agreement was in the best interests of the employees and did not unduly disadvantage them.

In delivering the decision, Commissioner Gilmore found that the proposed agreement met all the necessary criteria for approval. The agreement was the result of good faith bargaining between the parties, as evidenced by the extensive negotiation process and the comprehensive terms of the agreement. The coverage of the agreement was appropriate, and the terms provided for a fair and reasonable outcome for the employees. The Commission was satisfied that the agreement was in the best interests of the employees and did not unduly disadvantage them. Accordingly, the Commission approved the enterprise agreement.

The final orders of the Commission were that the Full Construction Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered and would be in effect from the date of the decision. The parties were directed to take all necessary steps to give effect to the approved agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established