Construction, Forestry and Maritime Employees Union

[2025] FWCA 1894

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1618)

GROUND UP RIGGING 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, 6 JUNE 2025

Application for approval of the GROUND UP RIGGING 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 GROUND UP RIGGING 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 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 13 June 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 applicant union, the Construction, Forestry and Maritime Employees Union, sought approval for the Ground Up Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027. The dispute was heard in the Fair Work Commission. The union argued that the proposed agreement met all legal requirements for approval, including that it was free from prohibited content, and that the process by which it was negotiated was fair. The employer contested the union's claim, stating that certain provisions of the agreement were unfair and should not be approved.

The court had to determine whether the agreement complied with the Fair Work Act 2009 and the Fair Work Regulations 2009. Key issues included whether the union had genuinely negotiated the agreement and if it contained any prohibited content. The court also examined if the agreement met the "better off overall test" and if it was procedurally fair. The union provided evidence of the negotiation process, while the employer argued that certain provisions did not meet the requirements of the Act.

The Fair Work Commission found that the negotiation process was genuine and that the agreement did not contain any prohibited content. The court considered the evidence presented by both parties and concluded that the agreement was fair and met the "better off overall test". The union had demonstrated that the agreement provided improved terms and conditions for the employees. The court accepted the evidence that the negotiation process was fair and that the employees had been adequately represented. The employer's objections were dismissed.

The Fair Work Commission approved the Ground Up Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, effective from the date of the decision. The court ordered that the agreement be registered with the Fair Work Commission and that it would apply to the employees covered by the agreement from the specified commencement date.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established