Fire Rating Solutions Pty Ltd Summary

[2025] FWCA 1133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Fire Rating Solutions Pty Ltd

(AG2025/798)

FIRE RATING SOLUTIONS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 2 APRIL 2025

Application for approval of the Fire Rating Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the Fire Rating Solutions Pty Ltd and the CFMEU (Victorian Construction and General Division) 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 Fire Rating Solutions Pty Ltd. 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 9 April 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

Fire Rating Solutions Pty Ltd sought approval for an Enterprise Agreement with the CFMEU (Victorian Construction and General Division). The application was heard in the Fair Work Commission, where the primary issue was whether the proposed agreement met the procedural and substantive requirements under the Fair Work Act 2009. The Fair Work Commission assessed whether the agreement was genuinely negotiated, free from coercion or undue influence, and whether it complied with the provisions of the Act. The Commission determined that the agreement had been fairly negotiated and met all the necessary criteria. It found that the parties had engaged in good faith bargaining and that the agreement was not contrary to public policy or the spirit of the Act. Consequently, the Commission approved the Enterprise Agreement, finding it to be in the best interests of the employees and the employer.

The Fair Work Commission considered several factors in reaching its decision. It examined the process by which the agreement was negotiated, the extent of employee participation, and the fairness of the terms and conditions set out in the agreement. The Commission also evaluated whether the agreement provided for adequate protections and benefits for the employees, including minimum wage rates, leave entitlements, and other working conditions. Given the evidence presented, the Commission was satisfied that the agreement was a fair and reasonable one. The approval of the Enterprise Agreement ensures that the terms and conditions of employment are clear and agreed upon by both parties, providing a stable and predictable working environment. This decision sets a precedent for future negotiations between Fire Rating Solutions Pty Ltd and the CFMEU in the construction and general division sector.

Fire Rating Solutions Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established