Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1745

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1511)

AUSTRALIAN REO GROUP AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 28 MAY 2025

Application for approval of the AUSTRALIAN REO GROUP 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 AUSTRALIAN REO GROUP 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 28 May 2025 and, in accordance with s.54 of the Act, will operate from 4 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 matter before the Fair Work Commission involved an application for the approval of the Subcontractors Steelfixing Enterprise Agreement 2024-2027 between the Australian REO Group and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought forth to ensure the agreement met the necessary legal standards and protections for employees under Australian labour laws.

The central legal issues revolved around whether the agreement provided fair and reasonable terms for the employees, aligned with the objectives of the Fair Work Act 2009. The Commission had to determine if the agreement adequately covered essential terms such as wages, hours of work, and other conditions of employment, and whether it complied with the statutory requirements for enterprise agreements.

The Commission carefully examined the proposed agreement, considering submissions from both parties. The Australian REO Group argued that the agreement was fair and reasonable, and in the best interests of the employees. The CFMEU supported the agreement, highlighting its benefits for the workforce. After a thorough analysis, the Commission concluded that the agreement was fair and reasonable, meeting all necessary legal requirements. It was approved, providing a balanced framework for the terms of employment for the duration specified.

The final orders of the Commission were that the Subcontractors Steelfixing Enterprise Agreement 2024-2027 between the Australian REO Group and the CFMEU (Victorian Construction and General Division) be approved and registered under the Fair Work Act 2009, effective from the date of the decision.

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