Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1642

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1374)

NATIONAL RIGGING SERVICES PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 16 MAY 2025

Application for approval of the National Rigging Services Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the National Rigging Services Pty Ltd / CFMEU Collective 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 16 May 2025 and will come into operation in accordance with s.54 of the Act. The nominal expiry date of the Agreement is 4 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union (CFMEU) applied for approval of a proposed collective agreement with National Rigging Services Pty Ltd for the period 2024-2027. The CFMEU sought to ensure that the agreement met the necessary standards for fair work, including provisions for wages, conditions, and dispute resolution mechanisms. The legal issues before the Commission included whether the agreement adequately provided for the rights and obligations of employees and employers, and whether it complied with the relevant provisions of the Fair Work Act 2009.

The Commission carefully considered the terms of the proposed agreement and assessed whether it met the statutory requirements for approval. Key areas of focus included the agreement's compliance with the national minimum wage and award provisions, as well as its provisions for dispute resolution and employee representation. The Commission also evaluated the fairness of the agreement in terms of its impact on employees' working conditions and rights. Ultimately, the Commission found that the agreement met the necessary legal standards and was in the best interests of the employees and employers involved.

The Fair Work Commission approved the National Rigging Services Pty Ltd / CFMEU Collective Agreement 2024-2027, finding it to be fair and reasonable under the Fair Work Act. The Commission determined that the agreement provided for appropriate terms and conditions, and included adequate mechanisms for dispute resolution and employee representation. The Commission also noted that the agreement was negotiated in good faith and was not likely to have an adverse effect on the broader labour market. The final orders of the Commission included the approval of the agreement, subject to the terms and conditions set out in the decision.

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