Construction, Forestry and Maritime Employees Union Summary

[2025] FWC 2397

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2622)

KASALO 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 LEE	MELBOURNE, 15 AUGUST 2025

Application for approval of the KASALO 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 KASALO STEEL FIXING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Steelfixing 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 22 August 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 was an application for the approval of a proposed enterprise agreement between the KASALO STEEL FIXING PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The applicant, the CFMEU, sought to have the proposed Subcontractors Steelfixing Enterprise Agreement 2024-2027 approved as a registered agreement under the Fair Work Act 2009. The dispute centred on the procedural fairness and compliance of the agreement with the statutory requirements of the Fair Work Act.

The court was tasked with determining whether the agreement had been negotiated in good faith, whether it had been done so by representatives with the appropriate authority, and if it complied with the statutory minimum standards outlined in the Fair Work Act. This included assessing whether the agreement met the requirements of section 231 of the Act, which mandates that enterprise agreements must be in writing, cover a specific enterprise, and not contain terms that are less favourable than the applicable minimum standards. The court also had to consider whether the agreement was appropriately certified and whether the necessary processes were followed in reaching the agreement.

After careful consideration of the evidence presented and the arguments made by both parties, the court found that the agreement had been negotiated in good faith and met all statutory requirements. The union representatives had the appropriate authority, and the agreement complied with the minimum standards of the Fair Work Act. The court noted that the agreement contained terms that were not less favourable than the applicable minimum standards and that all procedural requirements had been met. Consequently, the court approved the proposed agreement as a registered agreement.

The court ordered that the Subcontractors Steelfixing Enterprise Agreement 2024-2027 be registered as a registered agreement under the Fair Work Act 2009. The agreement was to be effective from the date of registration and would apply to the employees of KASALO STEEL FIXING PTY LTD for the specified period of 2024 to 2027. The decision affirmed the validity of the agreement and its applicability to the designated enterprise.

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