Construction, Forestry and Maritime Employees Union

[2025] FWCA 1717

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1409)

PERFORMANCE ENGINEERING AND DRAFTING 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, 23 MAY 2025

Application for approval of the PERFORMANCE ENGINEERING AND DRAFTING 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 PERFORMANCE ENGINEERING AND DRAFTING 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, 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 23 May 2025 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.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved a request for the approval of an enterprise agreement between Performance Engineering and Drafting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred around whether the proposed terms of the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The Fair Work Commission, acting within its jurisdiction, heard the application.

The primary legal issue before the court was whether the proposed enterprise agreement contained provisions that complied with the requirements of the Fair Work Act 2009, particularly concerning the resolution of disputes, the protection of employee rights, and the overall fairness of the agreement. The court was tasked with assessing the procedural fairness of the agreement and its alignment with the objectives of the Act, including ensuring that it did not disadvantage employees unduly.

In its decision, the Fair Work Commission determined that the agreement contained provisions that were consistent with the legal requirements and objectives of the Act. The Commission found that the agreement included adequate mechanisms for resolving disputes and provided sufficient protections for employees. The Commission concluded that the agreement was fair and balanced, meeting the necessary standards for approval. Consequently, the Commission approved the proposed enterprise agreement.

The final orders of the Commission were that the Performance Engineering and Drafting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009, effective from the date of the decision.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established