Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1253

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/911)

AUSSIE STEELFIXERS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 17 APRIL 2025

Application for approval of the Aussie Steelfixers Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Aussie Steelfixers Pty Ltd / CFMEU Collective Agreement 2024-2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, 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 4 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union applied for approval of the Aussie Steelfixers Pty Ltd / CFMEU Collective Agreement 2024-2027. The dispute centred on the terms and conditions outlined in the proposed agreement, which covered wages, working hours, and other employment-related matters. The union and the employer had engaged in negotiations, resulting in the drafted agreement, which was now subject to the Commission's scrutiny to ensure it complied with relevant legislation and met the statutory requirements for approval.

The primary legal issues that the Commission needed to address were whether the agreement was made in good faith, whether it contained terms that were fair and reasonable, and whether it complied with the Fair Work Act 2009. The Commission also had to consider whether the agreement met the statutory requirements for registration, including the provision of procedural fairness to both parties and the avoidance of any terms that would have an adverse effect on the employees' rights or entitlements. Furthermore, the Commission needed to assess whether the agreement contained any provisions that were contrary to public policy.

The Fair Work Commission found that the agreement had been made in good faith and that its terms were fair and reasonable. The Commission determined that the agreement met all statutory requirements for registration and did not contain any terms that were contrary to public policy. The Commission also found that procedural fairness had been observed in the negotiation process, and the agreement did not have any adverse effect on the employees' rights or entitlements. Therefore, the Commission approved the Aussie Steelfixers Pty Ltd / CFMEU Collective Agreement 2024-2027, confirming its validity and enforceability.

The Commission's decision effectively resolved the dispute between the union and the employer, providing certainty and stability to the parties involved. The approved agreement now serves as the basis for the employment relationship between Aussie Steelfixers Pty Ltd and the Construction, Forestry and Maritime Employees Union for the specified period. This decision reinforces the importance of adhering to the statutory requirements for collective agreements and ensures that both employers and employees can rely on the terms and conditions agreed upon.

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