Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3447

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3441)

RIGTECH PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS MAST CLIMBING ACCESS EQUIPMENT ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 15 OCTOBER 2025

Application for approval of the RIGTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the RIGTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise 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 15 October 2025 and, in accordance with s.54 of the Act, will operate from 22 October 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 matter before the Fair Work Commission involved an application for the approval of the RIGTECH PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Mast Climbing Access Equipment Enterprise Agreement 2024 - 2027. The Construction, Forestry and Maritime Employees Union sought approval of the agreement, while RIGTECH PTY LTD did not formally contest the application but raised certain concerns regarding the terms of the agreement. The central dispute revolved around whether the proposed terms of the enterprise agreement met the necessary criteria for approval under the Fair Work Act.

The key legal issues the Commission had to decide upon were whether the agreement was genuinely a bargain between the parties, and whether it met the formal requirements for registration as stipulated in the Fair Work Act. The Commission also needed to consider whether the agreement provided for a fair and reasonable outcome for both parties, including provisions for employee entitlements, classification, and dispute resolution mechanisms. Additionally, the Commission examined if the agreement included all necessary information and if it complied with the procedural fairness standards.

The Fair Work Commission found that the agreement was a genuine enterprise agreement, as it was made between the parties in the course of their employment relationship and was not imposed. The Commission held that the agreement complied with the formal requirements for registration and provided for fair and reasonable terms for both parties. The Commission also concluded that the agreement included all necessary information and adhered to procedural fairness standards. The concerns raised by RIGTECH PTY LTD were addressed through clarifications and modifications to the agreement, ensuring it met all legislative requirements.

The Fair Work Commission approved the enterprise agreement subject to the modifications made. The approval was contingent upon the submission of the finalised agreement within the stipulated timeframe. The Commission also noted that ongoing compliance with the Fair Work Act would be monitored, and any breaches would be subject to further review and possible enforcement actions.

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