Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1854

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1581)

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

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 3 JUNE 2025

Application for approval of the TLS STEELFIXING 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 TLS STEELFIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

The NERR provided with the application differs from the form prescribed by the Fair Work Regulations2009 (Cth) in that it appears to contain the heading ‘what is an enterprise agreement?’ as opposed to ‘what is a single-enterprise agreement?’. I consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 10 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The applicant, Construction, Forestry and Maritime Employees Union, applied to the Fair Work Commission for approval of a proposed enterprise agreement. The agreement in question was between TLS Steelfixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027. The application arose under the Fair Work Act 2009, seeking the Commission's approval of the agreement for the purpose of it becoming a registered agreement. The primary legal issue the Commission had to resolve was whether the proposed agreement met all the statutory requirements for registration under the Act, including whether it provided for the minimum terms and conditions of employment as stipulated by the Act.

The Commission carefully examined the proposed agreement, considering whether it provided for the minimum terms and conditions of employment as required by the Fair Work Act. It assessed the agreement against the provisions of the Act, including the Fair Work (Registered Organisations) Act 2009 and the Fair Work (Transitional Provisions) Act 2009. The Commission considered the content of the agreement, including its provisions on wages, hours of work, leave entitlements, and other terms and conditions of employment. It also considered whether the agreement complied with the procedural requirements for registration, including the requirement for the agreement to be made in writing and the need for the Commission to be satisfied that the agreement was fairly and appropriately negotiated.

After its detailed examination, the Commission concluded that the proposed agreement met all the statutory requirements for registration. It found that the agreement provided for the minimum terms and conditions of employment as required by the Fair Work Act and that it complied with the procedural requirements for registration. The Commission approved the agreement, determining that it was in the public interest for it to be registered as a registered agreement. The Commission's decision was based on its finding that the agreement was fairly and appropriately negotiated and that it provided for fair and reasonable terms and conditions of employment for the employees covered by 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