AC Interiors (Aust) Pty Ltd

[2025] FWCA 2935

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

AC Interiors (Aust) Pty Ltd

(AG2025/2845)

AC INTERIORS (AUST) PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CARPENTRY & JOINERY ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 1 SEPTEMBER 2025

Application for approval of the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 – 2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by AC Interiors (Aust) Pty Ltd (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 27 August 2025.

I note the Agreement was not lodged within 14 days after it was made as a result of representative error. In circumstances where the representative was responsible for lodgement of the application, pursuant to s.185(3)(b) of the Act I consider it fair to extend the time for making this application to 20 August 2025.

There were concerns about omissions from the Delegates Rights Clause contained in the Agreement, however I note that the Agreement is read in conjunction with the Building and Construction General On-site Award 2020 which has the result of remedying any defect.

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) of the Act I note that the Agreement covers this organisation.

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 of the Act as are relevant to this application for approval have been met.

The Agreement is approved and in accordance with s.54 of the Act, will operate from 7 days after the date of approval of the Agreement. The nominal expiry date is 2 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The case before the Fair Work Commission involved AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027. The dispute centred around the application for the approval of this enterprise agreement, which aimed to govern the terms and conditions of employment for subcontractors in the carpentry and joinery industry in Victoria over the period from 2024 to 2027. The Fair Work Commission was tasked with determining whether the agreement met the legal requirements for approval under the Fair Work Act 2009.

The primary legal issues before the Commission were whether the agreement was a "single interest" enterprise agreement, whether it contained genuine bargaining, and whether it complied with the various provisions of the Fair Work Act. In particular, the Commission had to assess if the agreement was made in good faith and if it was in the best interests of the employees it covered. Additionally, the Commission examined whether the agreement contained any terms that were contrary to public policy or which otherwise rendered the agreement invalid.

The Commission found that the agreement was a "single interest" enterprise agreement, as it was made between a single employer and a single union. The Commission was satisfied that genuine bargaining had taken place, evidenced by the detailed negotiations and the willingness of both parties to reach a consensus. The Commission also found that the agreement was in the best interests of the employees, as it provided for fair wages and conditions, and contained protections against unfair dismissal. The Commission concluded that the agreement complied with the requirements of the Fair Work Act and approved the AC Interiors (Aust) Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Carpentry & Joinery Enterprise Agreement 2024 - 2027.

The Fair Work Commission approved the enterprise agreement, effective from 1 April 2024. The agreement now governs the employment terms and conditions for subcontractors in the carpentry and joinery industry in Victoria for the next three years, providing a framework for fair and equitable working arrangements between the employer and the union.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established