Construction, Forestry and Maritime Employees Union

[2025] FWCA 1230

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/895)

VIC STRUCTURAL 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, 14 APRIL 2025

Application for approval of the VIC STRUCTURAL 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 VIC STRUCTURAL 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 21 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 court involved an application for the approval of a proposed enterprise agreement between the VIC STRUCTURAL PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The agreement, titled Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, was submitted for consideration under the Fair Work Act 2009. The primary dispute centred on whether the agreement complied with the statutory requirements for approval and if it met the necessary standards for fair and equitable terms and conditions for the employees involved.

The legal issues at the heart of this case required the court to determine if the proposed agreement contained all the mandatory provisions as stipulated by the Fair Work Act. The court also had to consider whether the agreement had been fairly negotiated and if it provided adequate protection and benefits for the employees. Furthermore, the court examined whether the agreement complied with the public interest test, ensuring it did not undermine the broader economic and social objectives of the legislation.

In reaching its decision, the court meticulously reviewed the proposed agreement against the statutory criteria. It found that the agreement contained all the required mandatory provisions and had been negotiated in good faith. The court also concluded that the agreement provided fair and reasonable terms and conditions for the employees, taking into account their needs and the nature of their work. Importantly, the agreement passed the public interest test, as it did not conflict with broader economic or social policies. Consequently, the court approved the Subcontractors Rigger/Steel Erector Enterprise Agreement 2024-2027, confirming its compliance with all legislative requirements.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established