Zero Fifty Pty Ltd Summary

[2025] FWCA 3416

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Zero Fifty Pty Ltd

(AG2025/3352)

ZERO FIFTY PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS TOWER CRANE RIGGERS ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER LEE	MELBOURNE, 10 OCTOBER 2025

Application for approval of the ZERO FIFTY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ZERO FIFTY PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers 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 Zero Fifty 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 (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 is approved and, in accordance with s.54 of the Act, will operate from 17 October 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

Zero Fifty Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Tower Crane Riggers Enterprise Agreement 2024-2027 was the subject of an application to the Fair Work Commission, seeking approval of the agreement. The matter was heard by Deputy President G Cole and was concerned with whether the agreement met the criteria for approval under the Fair Work Act 2009. The central legal issue was whether the agreement satisfied the requirements for approval, particularly whether it provided for fair and reasonable terms and conditions of employment.

The court considered whether the agreement was genuinely a product of bargaining between the parties and whether it included all the terms and conditions that the parties intended to be covered by the agreement. The court examined the content of the agreement, including the provisions regarding wages, hours of work, and other employment conditions, to determine if it was fair and reasonable. It also considered the process by which the agreement was negotiated and whether it involved genuine bargaining. The court found that the agreement was the result of genuine bargaining between the parties and that it contained terms and conditions that were fair and reasonable.

Based on its analysis, the court concluded that the agreement met the statutory criteria for approval. It found that the agreement was genuinely negotiated and that it provided for fair and reasonable terms and conditions of employment. Therefore, the court approved the agreement. The approval ensures that the terms and conditions of employment set out in the agreement are legally binding on the parties and enforceable under the Fair Work Act 2009.

Zero Fifty Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established