Construction, Forestry and Maritime Employees Union

[2025] FWCA 1967

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1721)

MGL HERALD PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 JUNE 2025

Application for approval of the MGL HERALD 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 MGL HERALD 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) 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 16 June 2025 and, in accordance with s.54 of the Act, will operate from 23 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 parties involved in this matter are MGL Herald Pty Ltd, represented by its director, and the Construction, Forestry and Maritime Employees Union (CFMEU) (Victorian Construction and General Division). They have applied to the Fair Work Commission for the approval of the MGL Herald Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The primary dispute revolves around the terms and conditions of employment for subcontractors engaged in steelfixing work. The case was heard and determined by the Fair Work Commission.

The central legal issues before the Commission were whether the proposed enterprise agreement complied with the requirements of the Fair Work Act 2009, including whether it met the "better off overall test" (BOOT) and whether it was made in good faith. The Commission had to assess if the agreement provided for fair and reasonable terms and conditions, and whether it adhered to the procedural requirements for approval.

The Fair Work Commission, after reviewing the submissions and evidence presented by both parties, found that the proposed agreement met the necessary statutory criteria. The Commission determined that the agreement was fair and reasonable and satisfied the BOOT. The Commission also concluded that the agreement was made in good faith and complied with the procedural requirements of the Act. Based on these findings, the Commission approved the enterprise agreement.

The final order of the Fair Work Commission was the approval of the MGL Herald Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027, which is now legally binding on the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established