Construction, Forestry and Maritime Employees Union

[2025] FWCA 1547

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1202)

AUSTRALIAN REINFORCEMENT PTY LTD AND CFMEU (WA) STEELFIXERS COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 9 MAY 2025

Application for approval of the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 9 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union, on behalf of the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers, applied to the Fair Work Commission for the approval of the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027. The applicant union argued that the proposed agreement contained provisions that were necessary and appropriate to address the specific needs of its members in the steelfixing industry. The application was heard by the Commission, which had to determine whether the agreement complied with the Fair Work Act 2009 and was in the interests of the employees and employers involved.

The central legal issue before the Commission was whether the provisions of the agreement met the criteria for approval under section 235 of the Fair Work Act 2009. This involved assessing whether the agreement contained terms that were appropriate and necessary to ensure fairness in the workplace, taking into account the particular circumstances of the industry and the bargaining positions of the parties. The Commission had to consider the balance between the rights of employees to be protected and the need for employers to maintain a viable and competitive business.

After careful consideration of the arguments presented by the parties, the Commission concluded that the proposed agreement was appropriate and necessary for the purposes of ensuring fairness in the workplace. The Commission found that the agreement contained provisions that addressed the specific needs of the steelfixing industry and were in the best interests of both employees and employers. The Commission approved the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027, noting that it provided a fair and balanced outcome for all parties involved.

The Fair Work Commission approved the Australian Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027, effective from the date of the decision. The agreement now forms the basis for the terms and conditions of employment for the employees of Australian Reinforcement Pty Ltd covered by the agreement. The decision serves as a precedent for future collective bargaining agreements in the steelfixing industry, providing guidance on the types of provisions that may be considered appropriate and necessary under the Fair Work Act 2009.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established