Construction, Forestry and Maritime Employees Union

[2025] FWCA 3494

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3491)

APS INDUSTRIAL 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, 20 OCTOBER 2025

Application for approval of the APS INDUSTRIAL 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 APS INDUSTRIAL 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 (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 is approved and, in accordance with s.54 of the Act, will operate from 27 October 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 matter before the Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFME) and APS Industrial Services Pty Ltd for the approval of an enterprise agreement. The agreement, titled the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, sought to regulate the terms and conditions of employment for riggers and steel erectors under APS Industrial Services Pty Ltd. The Fair Work Commission was tasked with determining whether the agreement should be certified as a lawful and valid enterprise agreement under the Fair Work Act 2009.

The primary legal issues the Fair Work Commission needed to address were whether the agreement met the procedural requirements for certification, including whether the agreement had been made genuinely independently by the parties without any undue influence or coercion. Additionally, the Commission considered whether the agreement contained terms and conditions that were fair and reasonable, and whether it complied with the provisions of the Fair Work Act, including the public interest test.

In its decision, the Fair Work Commission found that the agreement had been made independently and without any undue influence. The Commission noted the thorough process undertaken by the parties to ensure genuine negotiation and agreement. The Commission also concluded that the terms and conditions of the agreement were fair and reasonable, taking into account the specific skills and expertise required for the roles of riggers and steel erectors. Furthermore, the agreement met the public interest test, as it did not contain any provisions that would be detrimental to the broader economic or social well-being of the community. Based on these findings, the Fair Work Commission approved the enterprise agreement, certifying it as a lawful and valid enterprise agreement.

The Fair Work Commission's final order was that the APS Industrial Services Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027 be approved and registered under the Fair Work Act 2009. This certification means that the agreement will govern the employment terms and conditions of riggers and steel erectors employed by APS Industrial Services Pty Ltd for the duration of the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established