Construction, Forestry and Maritime Employees Union

[2025] FWCA 2052

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1834)

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

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 23 JUNE 2025

Application for approval of the SCAFFOLD LOGISTICS 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 SCAFFOLD LOGISTICS 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) 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 23 June 2025 and, in accordance with s.54 of the Act, will operate from 30 June 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

The case involved an application for approval of the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The matter was heard in the Fair Work Commission, which is responsible for overseeing the enforcement of workplace laws and the creation of enterprise agreements under the Fair Work Act 2009. The union and the employer sought to have the proposed agreement recognised as a lawful enterprise agreement.

The key legal issue before the Commission was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act. Specifically, the Commission had to determine if the agreement met the criteria for being a protected action, was made in good faith, and contained provisions that were fair and reasonable. Additionally, the Commission examined whether the agreement was negotiated fairly and whether it provided for appropriate mechanisms for the resolution of disputes.

In reaching its decision, the Commission considered the evidence presented by both parties regarding the negotiation process and the contents of the agreement. The Commission found that the agreement was negotiated in good faith and contained provisions that were fair and reasonable. The Commission also noted that the agreement provided for appropriate mechanisms for the resolution of disputes, including the establishment of a dispute resolution committee. The Commission concluded that the agreement met all the necessary requirements for approval under the Fair Work Act.

The Fair Work Commission approved the SCAFFOLD LOGISTICS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. This decision recognises the agreement as a lawful enterprise agreement and ensures that it will be binding on the parties for the specified period. The approval of the agreement provides certainty and stability for both the employer and the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established