Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 2164

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1949)

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

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 JULY 2025

Application for approval of the PMJ STEEL FIXING 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 PMJ STEEL FIXING 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.

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 9 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

In the matter of an application for the approval of the PMJ Steel Fixing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027, the Fair Work Commission was tasked with determining whether the proposed agreement met the statutory requirements for approval. The application was brought forth by the union and the employer, seeking the Commission's endorsement of the enterprise agreement which outlines terms and conditions for employees involved in steelfixing activities under the specified period.

The central legal issue before the Commission was whether the agreement complied with the Fair Work Act 2009, particularly sections that mandate certain provisions and proscribe others. The Commission needed to assess the agreement against these legislative standards to ensure it was made in good faith and covered the necessary topics as per the Act. Additionally, the Commission had to consider whether the agreement provided for a fair and efficient means of resolving disputes between the parties.

Upon reviewing the agreement, the Commission found that it adhered to the statutory requirements, including the provision of minimum terms and conditions, and did not contain any proscriptions. The agreement was deemed to have been made in good faith, with adequate consultation between the employer and the union. The Commission was satisfied that the agreement covered all necessary topics and provided for an effective dispute resolution mechanism. Consequently, the Commission approved the proposed agreement, confirming that it met the legal standards set out in the Fair Work Act 2009.

The Fair Work Commission approved the PMJ Steel Fixing Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027, effective from the date of the decision. The approval was based on the findings that the agreement was made in good faith, complied with the statutory requirements, and provided for fair and efficient dispute resolution mechanisms.

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