Construction, Forestry and Maritime Employees Union

[2025] FWCA 1736

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1474)

SYNERGY ACCESS SOLUTIONS PTY LTD AS TRUSTEE FOR SYNERGY ACCESS UNIT TRUST 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, 23 MAY 2025

Application for approval of the SYNERGY ACCESS SOLUTIONS PTY LTD AS TRUSTEE FOR SYNERGY ACCESS UNIT TRUST 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 SYNERGY ACCESS SOLUTIONS PTY LTD AS TRUSTEE FOR SYNERGY ACCESS UNIT TRUST 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 30 May 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, Synergy Access Solutions Pty Ltd as trustee for Synergy Access Unit Trust applied for the approval of an enterprise agreement with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027. The agreement was made between Synergy Access Solutions and the union, representing riggers and steel erectors employed by Synergy Access Solutions. The dispute centred on the procedural fairness and the substantive fairness of the agreement.

The primary legal issues before the Commission were whether the union had genuinely negotiated the agreement in good faith and whether the agreement was procedurally fair. The Commission examined if the union had acted fairly and appropriately in the negotiation process and whether the agreement met the statutory requirements under the Fair Work Act 2009. The Commission also needed to ensure that the agreement was fair and reasonable, considering the interests of both parties.

The Commission found that the union had genuinely negotiated the agreement in good faith. The union provided evidence of its negotiation process and demonstrated its commitment to reaching a fair agreement. The Commission was satisfied that the agreement was procedurally fair, as it had been negotiated through a structured and transparent process. In terms of substantive fairness, the Commission considered various factors, including the economic context, the needs of the employees, and the bargaining power of the parties. The Commission concluded that the agreement was fair and reasonable, taking into account all relevant considerations. Consequently, the Commission approved the agreement.

The Fair Work Commission approved the Synergy Access Solutions Pty Ltd as trustee for Synergy Access Unit Trust and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, finding it to be fairly negotiated and procedurally and substantively fair.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established