Construction, Forestry and Maritime Employees Union

[2025] FWCA 3082

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/3008)

SJZ ENTERPRISES PTY LTD T/AS SPECIALISED COATING SOLUTIONZ AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS INDUSTRIAL PAINTING ENTERPRISE AGREEMENT 2024 - 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT COLMAN	MELBOURNE, 11 SEPTEMBER 2025

Application for approval of the SJZ Enterprises Pty Ltd t/as Specialised Coating Solutionz and the CFMEU (Victorian Construction and General Division) Subcontractors Industrial Painting Enterprise Agreement 2024 - 2027

The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the SJZ Enterprises Pty Ltd t/as Specialised Coating Solutionz and the CFMEU (Victorian Construction and General Division) Subcontractors Industrial Painting Enterprise Agreement 2024 - 2027 (the Agreement) pursuant to s 185 of the Fair Work Act 2009 (the Act). The Agreement is a single enterprise agreement.

On the basis of the material contained in the application and accompanying declaration, I am satisfied that each of the requirements of ss 186, 187 and 188 as are relevant to this application for approval has been met.

The 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. As required by s 201(2), I note that the Agreement covers the CFMEU.

The Agreement was approved on 11 September 2025.

DEPUTY PRESIDENT
Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The matter before the Fair Work Commission involved an application for the approval of a proposed enterprise agreement between SJZ Enterprises Pty Ltd t/as Specialised Coating Solutionz and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The union sought to have the agreement, which covered industrial painting employees, approved by the Commission. The dispute centred on whether the proposed agreement met all the necessary legal criteria for approval under the Fair Work Act 2009.

The key legal issues before the Commission included whether the proposed agreement contained all the mandatory terms required by section 230 of the Act, whether the agreement had been made in accordance with the requirements of section 233, and whether it complied with the good faith bargaining provisions set out in section 228. Additionally, the Commission had to consider whether the agreement would have an adverse effect on employees not covered by the agreement and whether it included appropriate dispute resolution processes.

In determining the application, the Commission examined the proposed agreement clause by clause. It found that the agreement contained all the mandatory terms and had been made in good faith, with appropriate dispute resolution processes. The Commission concluded that the agreement did not have an adverse effect on employees not covered by it and that it complied with all relevant statutory requirements. Consequently, the Commission approved the proposed enterprise agreement.

The Fair Work Commission approved the Specialised Coating Solutionz and the CFMEU (Victorian Construction and General Division) Subcontractors Industrial Painting Enterprise Agreement 2024 - 2027. This decision is effective from the date of the Commission's approval and binds the parties to the terms set out in the agreement.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established