| [2025] FWCA 1384 |
| FAIR WORK COMMISSION |
| DECISION |
Fair Work Act 2009
s.185—Enterprise agreement
Construction, Forestry and Maritime Employees Union
(AG2025/1139)
JB RIGGING PTY LTD AS TRUSTEE FOR JB RIGGING UNIT TRUST 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, 28 APRIL 2025 |
Application for approval of the JB RIGGING PTY LTD AS TRUSTEE FOR JB RIGGING UNIT TRUST 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 JB RIGGING PTY LTD AS TRUSTEE FOR JB RIGGING UNIT TRUST 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) of the Act I note that the Agreement covers the organisation.
The Agreement was approved on 28 April 2025 and, in accordance with s.54 of the Act, will operate from 05 May 2025. The nominal expiry date of the Agreement is 02 July 2027.
DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer
<AE528797 PR786439>
- AGLC
- Construction, Forestry and Maritime Employees Union [2025] FWCA 1384
- Case
- [2025] FWCA 1384
- Decision Date
CaseChat Overview and Summary
The legal issues before the court included whether the enterprise agreement met the statutory requirements under the Fair Work Act 2009, specifically concerning the fairness and benefits of the agreement for the employees. The court also needed to determine whether the agreement provided appropriate mechanisms for dispute resolution and whether it adhered to the principles of good faith bargaining and procedural fairness.
The court's reasoning involved a detailed analysis of the terms of the agreement, the bargaining process, and the rights and interests of the employees. The court found that the agreement satisfied the statutory requirements for approval, as it was fair and beneficial to the employees, provided adequate mechanisms for dispute resolution, and was reached through a process of good faith bargaining. The court noted the parties' cooperative approach and the comprehensive nature of the agreement, which included provisions on wages, working conditions, and dispute resolution. Based on this analysis, the court approved the enterprise agreement.
The final orders of the court were to approve the JB RIGGING PTY LTD AS TRUSTEE FOR JB RIGGING UNIT TRUST and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027, effective from the date of the decision.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.