Construction, Forestry and Maritime Employees Union

[2025] FWCA 1202

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/889)

E & S REINFORCEMENT (QLD) TRUST (THE TRUSTEE FOR) TAS E & S REO GROUP PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS STEELFIXING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 10 APRIL 2025

Application for approval of the E & S REINFORCEMENT (QLD) TRUST (THE TRUSTEE FOR) TAs E & S REO GROUP 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 E & S REINFORCEMENT (QLD) TRUST (THE TRUSTEE FOR) TAs E & S REO GROUP PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 17 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 by E & S Reinforcement (Qld) Trust, acting through its trustee, E & S Reo Group Pty Ltd, and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division), for the approval of the E & S Reinforcement (Qld) Trust (the trustee for) E & S Reo Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. The application was heard in the Fair Work Commission, where the parties sought to have the enterprise agreement recognised as meeting the requirements of the Fair Work Act 2009.

The legal issues before the court were primarily centred on whether the proposed enterprise agreement complied with the legislative provisions of the Fair Work Act, particularly in relation to the procedural fairness and the substantive terms of the agreement. The court needed to determine if the agreement was made in good faith and whether it contained the mandatory terms prescribed by the Act, including provisions related to minimum wages, penalty rates, and other employment conditions. Additionally, the court examined whether the agreement was made without coercion, and whether it provided for proper mechanisms for the resolution of disputes.

In its decision, the court meticulously reviewed the provisions of the proposed enterprise agreement, comparing them with the requirements set out in the Fair Work Act. The court found that the agreement contained all the mandatory terms and conditions prescribed by the legislation, and that it was made in good faith without any evidence of coercion. The court also considered the process by which the agreement was negotiated and concluded that the procedural fairness requirements were met. As a result, the court approved the enterprise agreement, recognising it as a valid and enforceable award under the Fair Work Act.

The final orders of the court were that the E & S Reinforcement (Qld) Trust (the trustee for) E & S Reo Group Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027 be approved and registered as a registered agreement under the Fair Work Act. The agreement was to commence on the first day of the fourth calendar month following the date of the decision and was to be in effect until the first day of the fourth calendar month three years later, unless terminated earlier in accordance with the Act.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established