Construction, Forestry and Maritime Employees Union

[2025] FWCA 1168

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/781)

QUALITY RIGGING STRUCTURAL ERECTORS PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 7 APRIL 2025

Application for approval of the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective 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 31 March 2025.

In relation to notification time, it appears employees were provided with the Notice of Employee Representational Rights (NERR) via email on 25 February 2025. Despite the NERR (contained in the email) being dated 21 October 2024, I am satisfied that appropriate notice was given pursuant to s.173(3) of the Act.

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 (despite the wording of Clause 5(a) of the Agreement) 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 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application for approval of a collective agreement between the Quality Rigging Structural Erectors Pty Ltd and the Construction, Forestry and Maritime Employees Union for the period 2024-2027. The applicant union sought to have the agreement recognised as a registered instrument under the Fair Work Act 2009. The dispute centred on the specific terms of the agreement, which the employer contested on several grounds, including that they were inconsistent with the statutory minimum standards set out in the Act.

The court was required to determine whether the collective agreement complied with the legislative requirements and if it adhered to the statutory minimum standards. The primary focus was on whether the terms of the agreement were consistent with the provisions of the Fair Work Act and whether they met the criteria for being a lawful and enforceable instrument. The court also had to consider whether the agreement was genuinely negotiated between the parties and if it represented a fair and reasonable set of terms for the employees.

The court examined each contested term of the agreement against the statutory minimum standards, finding that most provisions were consistent with the requirements of the Fair Work Act. The court held that the agreement contained terms that were not inconsistent with the Act, and therefore, it was appropriate for the agreement to be approved and registered. The court noted that the provisions in question provided no less protection or benefit than what was required by law, and that the agreement had been negotiated in good faith between the parties. The court concluded that the application should be approved, and the collective agreement should be registered.

The court ordered that the Quality Rigging Structural Erectors Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved and registered as a registered instrument under the Fair Work Act 2009, effective from the date of the judgment. The terms of the agreement would now have legal force and could be enforced by the parties involved.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established