Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1360

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1188)

PROFIX REINFORCEMENT 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, 24 APRIL 2025

Application for approval of the Profix Reinforcement 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 Profix Reinforcement 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 24 April 2025.

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 an enterprise agreement between Profix Reinforcement Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) concerning their subcontractor steelfixing enterprise agreement for the years 2024 to 2027. The Commission was required to determine whether the agreement met the criteria for approval under the Fair Work Act 2009. The legal issues that the Commission needed to address included whether the agreement was genuinely negotiated between the parties, if it contained terms that were in accordance with the Fair Work Act, and whether it complied with the "better off overall test" to ensure that employees were not disadvantaged by the agreement.

In examining the application, the Commission considered the evidence provided by both parties regarding the negotiation process and the terms of the agreement. It assessed whether the agreement had been fairly and genuinely negotiated, whether the parties had acted in good faith, and whether the agreement provided for a fair and efficient workplace. The Commission also scrutinized the specific terms of the agreement to ensure they aligned with the provisions of the Fair Work Act and that they did not unfairly disadvantage any employees. The "better off overall test" was applied to determine if the employees, on balance, were better off with the new agreement compared to their previous conditions. The Commission took into account various factors, including wages, conditions, and the overall fairness of the agreement.

After careful consideration of the evidence and arguments presented, the Commission found that the agreement had been genuinely negotiated and contained terms that complied with the Fair Work Act. The Commission was satisfied that the parties had acted in good faith during the negotiation process and that the agreement provided for a fair and efficient workplace. Additionally, the Commission concluded that the agreement passed the "better off overall test," ensuring that employees were not worse off with the new agreement. Consequently, the Commission approved the subcontractor steelfixing enterprise agreement between Profix Reinforcement Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the period 2024 to 2027.

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