Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2210

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2018)

COMM CIV GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 4 JULY 2025

Application for approval of the COMM CIV GROUP 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 COMM CIV GROUP 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) 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 4 July 2025 and, in accordance with s.54 of the Act, will operate from 11 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 Federal Court of Australia, a dispute arose between the Construction, Forestry and Maritime Employees Union and COMM CIV GROUP PTY LTD regarding the proposed Enterprise Agreement. The Union sought approval for the Subcontractors Steelfixing Enterprise Agreement 2024 - 2027, which aimed to regulate the employment terms and conditions for subcontractors in the steelfixing industry. The court was tasked with evaluating the agreement to ensure it met the requirements of the Fair Work Act 2009 and served the interests of both employers and employees fairly.

The primary legal issue before the court was whether the proposed agreement complied with the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement was a "bare minimum" agreement and if it covered all necessary terms as prescribed by the Act. Additionally, the court had to consider whether the agreement met the "better off overall test" (BOOT) and if it was free from any prohibited content. The court also assessed whether the agreement was made in good faith and whether the necessary consultation processes were followed.

The court found that the proposed agreement adhered to the statutory requirements and was, therefore, compliant with the Fair Work Act 2009. The agreement was deemed to be a "bare minimum" agreement and covered all the necessary terms, including pay rates, hours of work, and other conditions of employment. The court was satisfied that the agreement met the BOOT and did not contain any prohibited content. Furthermore, the court found that the agreement was made in good faith, and the consultation processes were followed appropriately. Consequently, the court approved the Subcontractors Steelfixing Enterprise Agreement 2024 - 2027, enabling it to be registered and enforced under the Fair Work Act 2009.

In approving the agreement, the court emphasised the importance of fair and reasonable terms for both employers and employees in the steelfixing industry. The decision highlights the need for compliance with the Fair Work Act 2009 and the significance of adhering to the "better off overall test" in the context of enterprise agreements.

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