Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3194

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3082)

MILLENNIUM RIGGING 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 COLMAN	MELBOURNE, 22 SEPTEMBER 2025

Application for approval of the Millennium Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Rigger/Steel Erector Enterprise Agreement 2024 - 2027

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

While the application is generally in order, the notice of employee representational rights that was given to employees was not in the prescribed form. However, I am satisfied that this constitutes a minor procedural or technical error for the purposes of s 188(5)(a) and that the employees covered by the Agreement are not likely to have been disadvantaged by the error. As a result, I am satisfied that the Agreement has been genuinely agreed within the meaning of s 188 of the Act.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 22 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The Construction, Forestry and Maritime Employees Union applied to the Fair Work Commission for approval of the 2024-2027 Subcontractors Rigger/Steel Erector Enterprise Agreement between Millennium Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was made under the Fair Work Act 2009, aiming to set out the terms and conditions of employment for riggers and steel erectors in the industry. The nature of the dispute involved ensuring that the agreement met the statutory requirements and was fair and reasonable for all parties involved.

The legal issues before the Commission included whether the agreement was made in good faith, whether it met the requirements of the Fair Work Act, and whether it was fair and reasonable. The Commission had to assess the terms of the agreement against the legislative criteria, ensuring that it did not undermine the existing minimum entitlements and that it provided for the proper operation of the enterprise. The Commission also needed to consider the evidence presented by both parties regarding the bargaining process and the impact of the agreement on the workforce.

The Fair Work Commission found that the agreement was made in good faith and met the statutory requirements. The Commission was satisfied that the terms of the agreement were fair and reasonable, taking into account the evidence provided by both parties. The Commission noted that the agreement provided for fair and reasonable terms and conditions, including provisions for wages, hours of work, and other employment conditions. The Commission concluded that the agreement was consistent with the principles of the Fair Work Act and approved the agreement.

The Commission made an order approving the 2024-2027 Subcontractors Rigger/Steel Erector Enterprise Agreement between Millennium Rigging Pty Ltd and the CFMEU (Victorian Construction and General Division). The agreement was to be registered and published as required by the Fair Work Act, and it would come into effect on the date of the order. The Commission also noted that the agreement would be subject to the standard dispute resolution procedures and the rights of employees to make a protected industrial action ballot.

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