Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 1045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/701)

QA STEEL FIXING 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, 31 MARCH 2025

Application for approval of the QA STEEL FIXING 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

QA STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024 - 2027. 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.

The notice of employee representational rights that was provided to employees was not in the correct form. In consider this to be a minor procedural or technical error of the nature contemplated by s.188(5) and am satisfied that the employees are not likely to have been disadvantaged by the error.

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 7 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 Fair Work Commission involved an application by the Construction, Forestry and Maritime Employees Union (CFME) and the QA Steel Fixing Pty Ltd for the approval of the QA Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027. The agreement sought to regulate the employment terms and conditions between the employer and the employees engaged in steelfixing services. The dispute centred on whether the agreement complied with the relevant provisions of the Fair Work Act 2009 and the Fair Work (Registered Organisations) Act 2009.

The legal issues the Commission was required to address included whether the agreement satisfied the requirements for good faith bargaining, covered the necessary minimum terms, and complied with the procedural requirements for enterprise agreements. Specifically, the Commission examined if the agreement was made in good faith, if it contained the prescribed minimum terms, and if the process for making the agreement complied with the relevant legislative provisions. Additionally, the Commission considered submissions from interested parties and the implications of the agreement on the broader industrial relations framework.

In its decision, the Commission found that the agreement was made in good faith and contained all the prescribed minimum terms. The Commission noted that the process for making the agreement was conducted fairly and in compliance with the relevant legislation. The agreement was deemed to cover all employees engaged in steelfixing services by QA Steel Fixing Pty Ltd, and it provided for appropriate minimum wages, conditions, and dispute resolution mechanisms. The Commission was satisfied that the agreement would not have an adverse effect on the broader industrial relations system and approved the agreement under the Fair Work Act 2009.

The Fair Work Commission approved the QA Steel Fixing Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing Enterprise Agreement 2024-2027. The agreement is now a registered enterprise agreement, effective from the date of approval and will continue until the end of the agreed term in 2027. The approval ensures that the terms and conditions of employment for steelfixers employed by QA Steel Fixing Pty Ltd are governed by this agreement, providing clarity and stability for both the employer and the employees.

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