Construction, Forestry and Maritime Employees Union

[2025] FWCA 1698

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1457)

PRC HIRE PTY LTD AND CFMEU (WA) (STEEL ERECTION) COLLECTIVE AGREEMENT 2025-2028

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 21 MAY 2025

Application for approval of the PRC Hire Pty Ltd and CFMEU (WA) (Steel Erection) Collective Agreement 2025-2028.

An application has been made for approval of an enterprise agreement known as the PRC Hire Pty Ltd and CFMEU (WA) (Steel Erection) Collective Agreement 2025-2028 (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 21 May 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 31 December 2028.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for the approval of a collective agreement between PRC Hire Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) (Steel Erection) for the period 2025-2028. The application was brought before the Fair Work Commission to assess whether the agreement met the necessary standards and requirements under the Fair Work Act 2009. The legal issues central to the case centred on whether the proposed agreement was consistent with the provisions of the Fair Work Act, particularly focusing on whether it provided for fair and reasonable terms and conditions of employment. The Commission had to determine if the agreement addressed key elements such as minimum wages, penalty rates, leave entitlements, and other employment conditions in a manner that was fair and balanced for both employers and employees.

The Fair Work Commission examined the agreement clause by clause, considering the context of the industry, the bargaining positions of the parties, and the broader economic conditions. The Commission found that the agreement adequately addressed the fundamental employment terms, ensuring that it provided for fair and reasonable outcomes for the employees while also accommodating the legitimate business needs of the employer. Notably, the agreement included provisions for minimum wages that were consistent with industry standards and provided adequate penalty rates for work performed outside standard hours, as well as comprehensive leave entitlements. The Commission was satisfied that the agreement was fair and reasonable and therefore approved it. The approval was based on the comprehensive nature of the agreement and its alignment with the objectives of the Fair Work Act.

In approving the agreement, the Commission highlighted the importance of collective bargaining in achieving fair outcomes for workers and employers. The decision underscored the role of the Fair Work Commission in ensuring that collective agreements met the necessary standards of fairness and reasonableness. The Commission’s approval was a testament to the collaborative efforts of the parties in reaching a balanced and equitable agreement. The final orders confirmed the approval of the collective agreement, allowing it to come into effect from the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established