Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1276

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/915)

SQUARED STRUCTURES 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 PLATT	ADELAIDE, 16 APRIL 2025

Application for approval of the SQUARED STRUCTURES 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 SQUARED STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employee Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 April 2025.

On 11 April 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided statutory declarations of Jack Foster and David Foley which resolved the pre-approval concerns identified.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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 this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.
The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between SQUARED STRUCTURES PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The application was brought forward to ensure that the terms and conditions set forth in the agreement met the requirements of the Fair Work Act 2009. The legal issues before the court included whether the agreement was in the best interests of the employees, whether it was free from any improper influence or coercion, and if it provided for fair and reasonable terms and conditions for the employees covered by the agreement.

The court examined the agreement clause by clause, ensuring that it complied with the statutory requirements of the Fair Work Act. The court found that the agreement was fair and reasonable in all respects, and that it provided for a fair and equitable balance of rights and obligations for both the employer and the employees. The court also found that the agreement was not the product of any improper influence or coercion, and that it was made in good faith. The agreement provided for a comprehensive set of terms and conditions that were fair and reasonable, and that it would provide for the protection and advancement of the employees' interests.

Based on the findings, the court approved the agreement. The approval ensures that the terms and conditions set forth in the agreement are legally binding on both parties and can be enforced. The court also noted that the agreement provided for a fair and equitable balance of rights and obligations, and that it was in the best interests of the employees. The approval of the agreement provides certainty and stability for both the employer and the employees, and ensures that they can rely on the terms and conditions set out in the agreement.

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