Construction, Forestry and Maritime Employees Union

[2025] FWCA 1255

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/923)

GULLY 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 MATHESON	SYDNEY, 17 APRIL 2025

Application for approval of the GULLY 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 GULLY RIGGING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise 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 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the matter of an application for approval of the Gully Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, the Australian Industrial Relations Commission was tasked with reviewing the proposed agreement to determine whether it met the criteria for approval under the Fair Work Act 2009. The applicant, Gully Rigging Pty Ltd, sought approval of the enterprise agreement, which was negotiated with the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute arose due to the necessity of obtaining Fair Work Commission's approval before the agreement could be registered and enforced.

The primary legal issues the court had to address were whether the agreement complied with the requirements of the Fair Work Act, including provisions relating to the fairness test, the good faith bargaining test, and the procedural fairness test. The court needed to ensure that the agreement was not only negotiated in good faith but also contained terms that were fair and reasonable for the employees covered by the agreement. Additionally, the court had to verify that the necessary procedures were followed in the negotiation and drafting of the agreement.

Upon review, the Australian Industrial Relations Commission found that the Gully Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027 met all the statutory requirements for approval. The court was satisfied that the agreement was the product of good faith bargaining and contained terms that were fair and reasonable for the employees. The procedural fairness test was also met, as the necessary steps were followed in the negotiation and drafting process. Consequently, the court approved the agreement, paving the way for its registration and enforcement.

The final orders of the court mandated the registration of the Gully Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027. The approval granted by the Australian Industrial Relations Commission meant that the agreement could now be legally enforced, providing a framework for the terms and conditions of employment for the employees covered by the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established