Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1847

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1610)

R & M ENGINEERING 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, 2 JUNE 2025

Application for approval of the R & M ENGINEERING 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 R & M ENGINEERING 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 9 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of an enterprise agreement between R & M Engineering Pty Ltd and the CFMEU (Victorian Construction and General Division) for Subcontractors Rigger/Steel Erectors. The dispute arose over specific clauses in the proposed agreement which both parties were unable to resolve through negotiation. The Commission was tasked with determining whether the agreement met the statutory requirements for approval and if it was in the best interests of the employees.

The legal issues before the Commission centred on whether the agreement complied with the Fair Work Act 2009 and if it provided fair and reasonable terms for the employees. Key points of contention included the definition of 'employee' within the agreement, the provisions for shift patterns and overtime, and the dispute resolution mechanisms. The Commission had to scrutinise these clauses to ensure they adhered to the legislative framework and served the best interests of the employees.

After reviewing the submissions and evidence from both parties, the Commission concluded that the agreement largely met the statutory requirements. The definition of 'employee' was found to be in line with legislative standards, while the provisions for shift patterns and overtime were deemed reasonable given the nature of the work. The dispute resolution mechanisms were also found to be adequate. Consequently, the Commission approved the agreement, finding it to be fair and reasonable in all material respects. The decision was based on a balance of interests, ensuring that the agreement provided for the fair and reasonable terms 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