Construction, Forestry and Maritime Employees Union

[2025] FWCA 1536

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1273)

STEEL CITY GROUP PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 8 MAY 2025

Application for approval of the Steel City Group Pty Ltd / CFMEU 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 Steel City Group Pty Ltd / CFMEU 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.

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

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 8 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) for the approval of a collective agreement between the CFMEU and the Steel City Group Pty Ltd, covering the period from 2024 to 2027. The court's role was to determine whether the agreement met the statutory requirements under the relevant industrial relations legislation and if it was fair and reasonable.

The primary legal issues before the court were whether the agreement adhered to the legislative criteria for approval and if it was equitable. This involved assessing the agreement against provisions related to procedural fairness, content requirements, and the overall fairness of the terms and conditions. The court had to consider whether the agreement was reached through a proper negotiation process, whether it contained necessary clauses, and if it was reasonable in terms of the balance of rights and obligations between the parties.

The court found that the agreement was procedurally sound, having been negotiated in good faith and with adequate representation from both parties. It also determined that the agreement satisfied all content requirements stipulated by the legislation, including the inclusion of necessary clauses such as those relating to dispute resolution, termination, and variations. Furthermore, the court concluded that the terms of the agreement were fair and reasonable, providing an appropriate balance of rights and obligations. Consequently, the court approved the collective agreement.

The court's final order was the approval of the Steel City Group Pty Ltd / CFMEU Collective Agreement 2024-2027, recognising its compliance with the relevant industrial relations legislation and its fairness.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established