Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3409

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3360)

SAS LABOUR PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 OCTOBER 2025

Application for approval of the SAS LABOUR PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the SAS LABOUR 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) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 8 October 2025.

On 8 October 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 an amended Form F16, submissions and supporting material which resolved the pre-approval concerns identified.

I note the Agreement was not lodged within 14 days after it was made due to administrative error. Pursuant to s.185(3)(b) of the Act I consider it appropriate to extend the time for making this application to 30 September 2025.

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

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the court was an application for approval of the Subcontractors Steelfixing Enterprise Agreement 2024-2027 between SAS Labour Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The dispute centred on whether the enterprise agreement met the legal requirements set out in the Fair Work Act 2009. The court was tasked with determining if the agreement was made in good faith and if it complied with the relevant provisions of the Act.

The legal issues before the court were whether the agreement was properly made, if it contained the necessary terms, and if it was fair and reasonable. The court examined the process by which the agreement was negotiated and whether it was made in good faith, as well as whether it contained the required minimum terms and any additional terms that were fair and reasonable. The court also considered whether the agreement was consistent with the overarching objectives of the Fair Work Act, including the protection of employees’ rights and the promotion of cooperative workplace relations.

The court found that the agreement was properly made in good faith and contained all the necessary minimum terms. It also found that the additional terms included in the agreement were fair and reasonable. The court considered that the agreement promoted cooperative workplace relations and aligned with the objectives of the Fair Work Act. Therefore, the court approved the enterprise agreement under section 234 of the Fair Work Act.

The final orders of the court were that the Subcontractors Steelfixing Enterprise Agreement 2024-2027 between SAS Labour Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) was approved as a registered agreement. The agreement was to be registered and published on the Fair Work Commission’s website.

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