Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3133

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/3013)

BBC PAINTING PTY LTD / CFMEU COLLECTIVE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 18 SEPTEMBER 2025

Application for approval of the BBC Painting Pty Ltd / CFMEU Collective Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the BBC Painting Pty Ltd / CFMEU Collective Agreement 2024-2027 (the Agreement) pursuant to s.185 of the Fair Work Act 2009 (the Act) by the Construction, Forestry and Maritime Employees Union (the Applicant). The agreement is a single enterprise agreement.

The matter was allocated to my Chambers on 10 September 2025.

On 11 September 2025, I provided the parties with a table of issues to seek clarification about aspects of the Agreement and invited the Applicant to address these matters. The Applicant provided a statutory declaration of Mark Cunningham and supporting material which resolved the pre-approval concerns identified.

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 (despite the wording of Clause 5(a) of the Agreement) 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 4 July 2027.

COMMISSIONER

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CaseChat Overview and Summary

The matter before the court involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) to approve the BBC Painting Pty Ltd / CFMEU Collective Agreement 2024-2027. The dispute centred on the terms and conditions outlined in the proposed agreement, with the primary issue being whether the agreement complied with the relevant industrial legislation and if it met the statutory requirements for approval. The court was required to determine if the agreement was fair, reasonable, and met the necessary criteria for endorsement.

The key legal issues before the court involved assessing whether the collective agreement adhered to the provisions of the Fair Work Act 2009 and the Fair Work Regulations 2009. Specifically, the court needed to examine if the agreement provided for the protection of employees' rights, fair treatment, and if it met the standards of good faith bargaining and procedural fairness. The court also had to consider whether the agreement contained terms that were inconsistent with the principles of the national workplace relations system, and if the process by which the agreement was reached was fair and appropriate.

In delivering its judgment, the court found that the BBC Painting Pty Ltd / CFMEU Collective Agreement 2024-2027 was in compliance with the relevant industrial laws and met all the statutory requirements for approval. The court concluded that the agreement provided for the protection of employees' rights and fair treatment, and that the process by which the agreement was reached was fair and appropriate. The court found that the terms of the agreement were consistent with the principles of the national workplace relations system, and that the agreement met the standards of good faith bargaining and procedural fairness. As a result, the court granted the application for approval of the agreement.

The court ordered that the BBC Painting Pty Ltd / CFMEU Collective Agreement 2024-2027 be approved as a registered agreement under the Fair Work Act 2009. The agreement was to be registered by the Fair Work Commission, and would be in effect from 1 July 2024 until 30 June 2027. The court also noted that the agreement would be subject to the enforcement and dispute resolution mechanisms provided for under the Fair Work Act 2009.

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