Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 207

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2024/4974)

STILCON SITE SERVICES 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 MASSON	MELBOURNE, 22 JANUARY 2025

Application for approval of the STILCON SITE SERVICES 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 STILCON SITE SERVICES 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). It has been made by the Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) (Amending Act) made a number of changes to enterprise agreement approval processes in Part 2-4 of the Fair Work Act, that commenced operation on 6 June 2023. The notification time for the Agreement under s.173(2) was 3 September 2024 and the Agreement was made on 3 December 2024. Accordingly, both the genuine agreement and the better off overall test requirements are those applying on and from 6 June 2023.

The notification to vote provided to employees on 25 November 2024 states the vote would take place on ‘3^rd November 2024’. The CFMEU have submitted the notification to vote provided to employees should have read as ‘3^rd December 2024’. I am satisfied that, despite the apparent error in the ballot notification and taking into account the Statement of Principles, the agreement was genuinely agreed.

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 29 January 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 matter before the Fair Work Commission involved an application for the approval of an enterprise agreement between STILCON SITE SERVICES PTY LTD and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division) for subcontractors riggers and steel erectors. The dispute centred on the terms and conditions outlined in the proposed agreement for the period 2024-2027. The application was brought to the Fair Work Commission, which is responsible for overseeing the approval of enterprise agreements in Australia.

The primary legal issue before the Commission was whether the proposed enterprise agreement met the criteria for approval under the Fair Work Act 2009. This involved ensuring that the agreement was fair and reasonable, contained no unfair content, and was made in good faith. The Commission also had to consider whether the agreement complied with the mandatory provisions of the Fair Work Act, such as minimum wages and conditions, and whether it was made without any coercion or undue influence.

The Fair Work Commission determined that the proposed agreement met the criteria for approval. The Commission found that the agreement was fair and reasonable, contained no unfair content, and was made in good faith. It was also compliant with the mandatory provisions of the Fair Work Act, including minimum wages and conditions. The Commission was satisfied that the agreement was made without any coercion or undue influence, and therefore approved the enterprise agreement for the period 2024-2027. The Commission's decision was based on a thorough examination of the agreement and the evidence presented by both parties. The Commission concluded that the agreement provided for a fair and reasonable outcome for both employers and employees, and that it was in the best interests of the parties 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