Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1995

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1734)

RIGTECH PTY LTD/ CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT MASSON	MELBOURNE, 18 JUNE 2025

Application for approval of the Rigtech Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Rigtech Pty Ltd / CFMEU Collective 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 2 May 2025 and the Agreement was made on 30 May 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 25 June 2025. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a collective agreement with Rigtech Pty Ltd, covering the period 2024 to 2027. The application was heard in the Fair Work Commission, which has jurisdiction to approve collective agreements that meet the statutory criteria under the Fair Work Act 2009. The nature of the dispute centred around whether the agreement contained terms and conditions that complied with the requirements of the Act and the Commission's approval guidelines.

The key legal issues before the Commission were whether the terms of the agreement were consistent with the principles of enterprise bargaining, whether they provided for the appropriate balance of power between employers and employees, and whether they adhered to the relevant provisions of the National Employment Standards and other minimum entitlements. Additionally, the Commission needed to assess if the agreement contained any terms that were contrary to public policy or that could potentially undermine the objectives of the Act.

The Commission examined the terms of the agreement in detail, considering the context of the bargaining process and the relative bargaining power of the parties. The Commission found that the agreement provided for a fair and balanced set of terms and conditions that complied with the statutory requirements. It noted that the agreement included provisions for the resolution of disputes, the protection of employees' rights, and the maintenance of workplace health and safety. The Commission was satisfied that the agreement did not contain any terms that were contrary to public policy or that could undermine the objectives of the Fair Work Act. Accordingly, the Commission approved 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