Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 852

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/500)

WEST COAST REINFORCING GROUP PTY LTD AND CFMEU (WA) STEELFIXERS COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 7 MARCH 2025

Application for approval of the West Coast Reinforcing Group Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the West Coast Reinforcing Group Pty Ltd and CFMEU (WA) Steelfixers Collective Agreement 2024-2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act).

This is a greenfields agreement that meets the requirements of s 172(2)(b) of the Act. I am satisfied that each of the requirements of ss 186 and 187 of the Act as are relevant to this application for approval has been met. In accordance with s 187(5)(a) of the Act, I am satisfied that the CFMEU is entitled to represent the industrial interests of a majority of employees who will be covered by the Agreement in relation to work that is to be performed under it. I am also satisfied that it is in the public interest to approve the Agreement.

I note that the Agreement was made with the CFMEU and therefore covers this organisation (see s 53(2)(b)).

The Agreement was approved on 7 March 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission concerned the application for approval of a collective agreement between the West Coast Reinforcing Group Pty Ltd and the Construction, Forestry and Maritime Employees Union (WA) Steelfixers Branch. The dispute centred around the terms of employment, wages, and conditions as outlined in the proposed agreement for the period 2024 to 2027. The Commission had to determine whether the agreement met the legal standards for approval under the Fair Work Act 2009.

The key legal issues revolved around the fairness and reasonableness of the terms and conditions within the collective agreement. The Commission needed to assess whether the agreement provided appropriate protections for employees, ensured equitable treatment, and adhered to the principles of good faith bargaining. It also had to consider whether the agreement complied with the relevant industrial instruments and whether it met the criteria for an "improved off agreement," which is designed to provide better terms and conditions than the applicable award or existing agreement.

The Commission reviewed the evidence presented by both parties and evaluated the terms of the agreement against the statutory requirements. It found that the proposed collective agreement included provisions that were fair and reasonable, and provided adequate protections and benefits for the employees. The Commission noted that the agreement demonstrated a genuine attempt by both parties to negotiate in good faith and reach a fair and reasonable outcome. Based on this assessment, the Commission approved the application for the collective agreement, recognising it as a better-off agreement that met the legislative standards for approval. The decision was made on the basis that the agreement provided improved terms and conditions for the employees while maintaining a fair and equitable balance between the parties.

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