Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3446

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3443)

REDS GLOBAL (VIC) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 21 OCTOBER 2025

Application for approval of the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 14 August 2025 and the Agreement was made on 26 September 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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 28 October 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 by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027. The matter was heard by the Fair Work Commission (FWC) in Australia. The dispute centred on the terms and conditions of employment for tower crane riggers working under subcontracted arrangements within the construction industry.

The primary legal issue before the FWC was whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009. This included ensuring that the agreement met the criteria for being a "single enterprise agreement" and that it did not include any terms that were contrary to the Fair Work (Registered Organisations) Act 2009. Additionally, the FWC had to determine whether the agreement provided for the fair and efficient resolution of workplace issues, including pay rates, hours of work, and other employment conditions.

The FWC carefully examined the terms of the proposed agreement, considering submissions from both parties. The Commission found that the agreement was a "single enterprise agreement" as it covered a defined group of employees within a specific industry. The FWC also determined that the agreement met the criteria for being an enterprise agreement under the Fair Work Act. It contained provisions that were fair and efficient for the employees covered by the agreement and did not include any terms that were contrary to the Fair Work (Registered Organisations) Act. Consequently, the FWC approved the agreement, recognising it as a legally binding enterprise agreement.

As a result of the FWC's decision, the REDS GLOBAL (VIC) PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027 was approved and became effective. The agreement will govern the employment terms and conditions of the covered employees for the duration of the agreement.

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