Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1558

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1232)

TOTAL REINFORCEMENT PTY LTD AND CFMEU (WA) STEELFIXERS

Collective Agreement 2024-2027

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

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

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

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 21 March 2025 and the Agreement was made on 11 April 2025. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

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

The application was not lodged within 14 days after the agreement was made. Pursuant to s.185(3)(b), in all the circumstances I consider it fair to extend the time for making the application to the date it was actually made.

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) I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 16 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 Construction, Forestry and Maritime Employees Union (CFMEU) applied for the approval of a collective agreement between the Total Reinforcement Pty Ltd and the CFMEU (WA) Steelfixers Collective Agreement 2024-2027. This application was made to the Fair Work Commission under the Fair Work Act 2009. The primary dispute centred on the terms and conditions of employment within the steelfixing sector, including wages, working hours, and other employment-related matters.

The central legal issues before the court involved whether the collective agreement met the statutory requirements set out in the Fair Work Act 2009. Specifically, the court needed to determine if the agreement provided for minimum wages and conditions, if it complied with the process for approval, and whether it appropriately balanced the interests of both employers and employees. The court also had to consider whether the agreement was made in good faith and was free from any improper influence or coercion.

The Fair Work Commission, after thorough examination, found that the collective agreement met all necessary statutory requirements. The agreement was deemed to provide for fair and reasonable terms and conditions of employment, ensuring compliance with minimum wage rates and other relevant provisions. The court also confirmed that the agreement was made in good faith, without any undue influence or coercion, and was fair and reasonable in all respects. The court approved the collective agreement, finding it to be compliant with all relevant legal standards and appropriate for the specified period.

The final orders of the court included the approval of the Total Reinforcement Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027. The court mandated that this agreement would be applicable for the duration of three years, from 1st July 2024 to 30th June 2027. This decision ensures that the terms and conditions outlined in the agreement are legally binding for both the employer and the employees, providing clarity and stability in the steelfixing industry for the specified period.

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