Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1692

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1397)

MELBOURNE STEEL ERECTORS 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 PLATT	ADELAIDE, 21 MAY 2025

Application for approval of the MELBOURNE STEEL ERECTORS 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 MELBOURNE STEEL ERECTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 16 May 2025.

On 16 May 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided statutory declarations of Ella Bazzano and James Shields and supporting material which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union (CFMEU) and Melbourne Steel Erectors Pty Ltd brought an application to the Fair Work Commission (FWC) for approval of an enterprise agreement. The proposed agreement, titled the MELBOURNE STEEL ERECTORS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027, was contested by the Australian Building and Construction Commission (ABCC), which intervened in the matter. The central issue was whether the proposed agreement complied with the relevant provisions of the Fair Work Act 2009.

The court had to determine if the proposed agreement met the criteria for approval under the Fair Work Act, particularly focusing on whether it contained the prescribed minimum terms and conditions. The court needed to scrutinise the agreement to ensure it adhered to the statutory requirements and did not unfairly disadvantage any party involved. The main legal issue was whether the proposed agreement included all the prescribed minimum terms and conditions and if it was made in good faith, without coercion.

The FWC assessed the proposed agreement against the statutory requirements outlined in the Fair Work Act. The court found that the agreement contained all the prescribed minimum terms and conditions and was made in good faith. It was determined that the agreement was fair and reasonable, taking into account the interests of all parties involved. The FWC approved the proposed agreement, acknowledging its compliance with the statutory requirements and its fairness to the employees and employers within the scope of the agreement.

The FWC granted approval for the proposed enterprise agreement, effective from the date of the decision. This approval ensures that the agreement will legally bind the parties involved, providing a framework for their industrial relations within the specified period. The decision confirmed that the agreement met all necessary legal standards and was fair and reasonable for the employees and employers 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