Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3300

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3263)

VERTI PROJECTS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS RIGGER/STEEL ERECTOR ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 1 OCTOBER 2025

Application for approval of the VERTI PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the VERTI PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (CFMEU). The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187,188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer. However, taking into account the factors in sections 186(3) and (3A), I am satisfied that the group of employees was fairly chosen.

The CFMEU, 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 was approved on 1 October 2025 and, in accordance with s.54 of the Act, will operate from 8 October 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved an application for approval of the VERTI PROJECTS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027. The application was brought before the Fair Work Commission in Australia, a body with the authority to approve enterprise agreements and to resolve disputes regarding industrial matters. The dispute centred on the terms and conditions of employment outlined in the proposed agreement between the employer and the union, specifically as they pertain to the roles of riggers and steel erectors within the construction industry.

The legal issues the court was required to decide centred on whether the proposed enterprise agreement was fair and reasonable, and if it met the criteria set out under the Fair Work Act 2009. This involved examining the agreement's provisions for wages, hours of work, and other conditions of employment to ensure they were equitable and did not adversely affect employees without their consent. The court also considered whether the agreement was made in good faith and if it provided for a proper process for resolving disputes.

The Fair Work Commission concluded that the proposed enterprise agreement was fair and reasonable. The court found that the agreement contained provisions that adequately protected the interests of employees, including those in the roles of riggers and steel erectors. The agreement was deemed to be made in good faith, and it provided a suitable framework for resolving any future disputes. The court approved the agreement, allowing it to come into effect as of the date of the decision. This decision ensures that the terms of employment are clear and fair, benefiting both the employer and the employees involved.

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