Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1283

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1003)

HUTCHINSON 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
COMMISSIONER LEE	MELBOURNE, 17 APRIL 2025

Application for approval of the HUTCHINSON 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 HUTCHINSON 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to this application for approval have been met.

The Construction, Forestry and Maritime Employees Union 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 is approved and, in accordance with s.54 of the Act, will operate from 24 April 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application by Hutchinson Rigging Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for the approval of their Enterprise Agreement for the period 2024-2027. The agreement, which was to apply to subcontractors engaged by Hutchinson Rigging, was aimed at setting the terms and conditions for riggers and steel erectors. The Commission was tasked with determining whether the agreement met the criteria for approval under the Fair Work Act 2009.

The central legal issues before the Commission were whether the agreement satisfied the procedural requirements for approval and whether it contained the minimum terms and conditions mandated by the Fair Work Act. Specifically, the Commission had to examine if the agreement was genuinely negotiated, contained only permissible terms, and if it provided for the proper payment of minimum rates of pay and entitlements. Additionally, the Commission considered if the agreement provided for a fair and effective dispute resolution process.

In reaching its decision, the Commission found that the agreement had been genuinely negotiated between the parties and contained only permissible terms. The agreement provided for the proper payment of minimum rates of pay and entitlements, and included a fair and effective dispute resolution process. The Commission was satisfied that the agreement met all the legislative criteria for approval. Consequently, the Commission approved the Enterprise Agreement, recognising it as a safety net agreement that would apply to the relevant employees.

The Fair Work Commission ordered the approval of the Hutchinson Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, effective from the date of the decision. This decision ensures that the terms and conditions set out in the agreement will be applied to the employees covered by it, providing a clear framework for their employment conditions.

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