Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3129

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3017)

ASHLEY GARVEY PAINTERS PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 18 SEPTEMBER 2025

Application for approval of the ASHLEY GARVEY PAINTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027

An application has been made for approval of an enterprise agreement known as the ASHLEY GARVEY PAINTERS PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027 (Agreement). The application was made by the Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement 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) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 25 September 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

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union, acting on behalf of its members, and Ashley Garvey Painters Pty Ltd, an employer in the painting industry, sought approval for a proposed enterprise agreement. The agreement, titled the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027, was to regulate the terms and conditions of employment for workers engaged by the respondent company. The primary dispute centred around the fairness and appropriateness of the terms proposed in the agreement.

The legal issues that the Fair Work Commission was required to address included whether the proposed agreement met the statutory criteria for approval under the Fair Work Act 2009. This involved examining whether the agreement provided for fair and reasonable terms and conditions, and whether it had been negotiated in good faith. The Commission also had to consider the impact of the proposed terms on the employees' remuneration and conditions of work, and whether they aligned with the broader principles of industrial fairness.

The Commission carefully reviewed the agreement, taking into account submissions from both parties. It assessed whether the proposed terms were fair and reasonable, considering factors such as the bargaining power of the parties, the nature of the industry, and the broader economic context. The Commission concluded that the agreement provided for fair and reasonable terms and conditions and was negotiated in good faith. It found that the proposed remuneration and conditions were appropriate for the industry and did not unfairly disadvantage the employees.

The Fair Work Commission approved the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027, determining that it met the necessary criteria for approval 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