Construction, Forestry and Maritime Employees Union

[2025] FWCA 1433

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1178)

CONCEPT RIGGING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 MAY 2025

Application for approval of the CONCEPT RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the CONCEPT RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector 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 1 May 2025 and, in accordance with s.54 of the Act, will operate from Thursday 8 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, acting on behalf of its members, applied to the Fair Work Commission for approval of a proposed enterprise agreement between Concept Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The company opposed the application, raising concerns about several provisions in the agreement. The dispute was brought before the Fair Work Commission, which was required to determine whether the proposed agreement met the statutory criteria for approval.

The legal issues before the commission were whether the agreement contained all the mandated provisions, was free from prohibited content, and was made in accordance with the procedural requirements of the Fair Work Act 2009. The company's primary argument was that certain provisions in the agreement were not genuinely bargained, and some mandatory terms were not included. The union, on the other hand, asserted that all provisions were the result of genuine negotiations and that the agreement complied with all legal requirements.

The Fair Work Commission, after carefully reviewing the evidence and submissions from both parties, found that the agreement did indeed contain all the necessary mandated provisions and was free from prohibited content. The commission determined that the agreement had been made in accordance with the procedural requirements of the act, and that it was the result of genuine negotiations between the parties. Consequently, the commission approved the application, and the proposed enterprise agreement was registered.

The Fair Work Commission ordered that the Concept Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 be approved and registered. This decision ensures that the terms and conditions outlined in the agreement will govern the employment relationship between the parties for the specified period.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established