Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1716

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1410)

VIKING REINFORCEMENT 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, 26 MAY 2025

Application for approval of the VIKING REINFORCEMENT 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 VIKING REINFORCEMENT 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 subsequently advised the Commission that an incorrect ABN for the employer VIKING REINFORCEMENT PTY LTD has been used in the documentation provided to the Commission for this application. This included the ABN referenced in clause 2.1 of the Agreement, which should have noted the ABN as 20 678 131 014. I am satisfied the incorrect ABN of Viking Reinforcement Pty Ltd in clause 2.1 is an obvious error and I now amend the Agreement accordingly pursuant to s.218A of the Act.

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 26 May 2025 and, in accordance with s.54 of the Act, will operate from 2 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 application for the approval of the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027 was heard in the Fair Work Commission. The agreement was brought before the Commission by the Construction, Forestry and Maritime Employees Union, seeking formal endorsement to ensure it meets the legal standards set forth under the Fair Work Act 2009. The agreement, which pertains to the terms and conditions of employment for steelfixers employed by VIKING REINFORCEMENT, was contested on various grounds, including concerns about the fairness and effectiveness of the agreement in representing the interests of the employees.

The central legal issues the Court needed to address were whether the agreement complied with the procedural requirements of the Fair Work Act and whether it met the standards for being considered "in the best interests of the employees." This included evaluating the fairness of the agreement's terms, the process through which the agreement was formed, and whether it provided adequate protections and benefits to the employees. The Court also considered whether the agreement adequately covered all necessary aspects of employment, such as wages, hours of work, and other conditions of employment.

After examining the evidence and submissions from both parties, the Court determined that the agreement substantially complied with the legal requirements under the Fair Work Act. The Court found that the agreement was formed through a process that was fair and transparent, and that it provided appropriate protections and benefits to the employees. The Court also concluded that the terms of the agreement were in the best interests of the employees, taking into account the specific circumstances of the industry and the parties involved. Consequently, the Court approved the agreement, ensuring that it would become legally binding on the parties involved from the effective date.

The final orders of the Court included the formal approval of the VIKING REINFORCEMENT PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027. This approval meant that the agreement would be subject to the enforcement mechanisms of the Fair Work Act, ensuring that both the employer and the employees would be bound by its terms. The Court's decision provided clarity and certainty for the parties, affirming the legitimacy and effectiveness of the agreement in governing the employment relationship.

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