Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1486

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1256)

ALPHA REO PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 5 MAY 2025

Application for approval of the Alpha Reo Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Alpha Reo Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise 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 5 May 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter involved an application for the approval of a Subcontractors Steelfixing Enterprise Agreement between Alpha Reo Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024-2027. The application was heard by the Fair Work Commission (FWC), which is responsible for the approval of enterprise agreements. The union and the employer sought the FWC's endorsement of the proposed agreement, which outlines terms and conditions for employees involved in steelfixing subcontracting activities.

The legal issues before the FWC included whether the agreement met the statutory requirements for approval under the Fair Work Act 2009. This involved an assessment of whether the agreement provided for a fair and efficient workplace, whether it was free from coercion and undue influence, and whether it had been genuinely negotiated. The FWC also considered whether the agreement complied with the provisions of the Fair Work (Registered Organisations) Act 2009, which mandates that enterprise agreements be made with a registered organisation.

In its decision, the FWC found that the proposed agreement contained terms that were fair and efficient, and it was satisfied that the agreement had been genuinely negotiated without coercion or undue influence. The FWC determined that the agreement was in line with the statutory requirements and met the necessary conditions for approval. The FWC approved the agreement, acknowledging the efforts of both parties in reaching a consensus on the terms and conditions that would govern the workplace. The FWC's approval ensures that the agreement will be legally binding on the parties involved, providing a stable framework for their employment relationship.

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