Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3009

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Construction, Forestry and Maritime Employees Union

(AG2025/2942)

TRIPLE R PAINTING PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS PAINTING & DECORATING ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
COMMISSIONER PLATT	ADELAIDE, 10 SEPTEMBER 2025

Application for approval of the TRIPLE R PAINTING 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 TRIPLE R PAINTING PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise 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 4 September 2025.

On 4 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 Timothy Savenkoff 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 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 matter before the court involved an application for the approval of a proposed enterprise agreement between Triple R Painting Pty Ltd and the Construction, Forestry and Maritime Employees Union (Victorian Construction and General Division). The application was brought before the Fair Work Commission to determine whether the agreement met the necessary legislative standards under the Fair Work Act 2009. The specific focus of the dispute was on whether the proposed terms of the agreement were fair and appropriate for the employees of Triple R Painting Pty Ltd, taking into account the broader context of industrial relations in the painting and decorating industry.

The legal issues before the Commission included whether the agreement provided for appropriate minimum terms, whether it had been made free from coercion or undue influence, and whether it complied with the procedural fairness requirements. The Commission was required to consider the provisions of the Fair Work Act, including sections that mandate the establishment of minimum terms, the prohibition of unfair conduct in the making of an agreement, and the procedural fairness in the agreement-making process. Furthermore, the Commission had to evaluate the balance of rights and obligations under the proposed agreement and ensure it met the standards set by the Act.

The Fair Work Commission, after carefully reviewing the proposed Enterprise Agreement, found that it contained terms that were fair and reasonable. The Commission was satisfied that the agreement provided for appropriate minimum terms that balanced the interests of both the employer and the employees. It was determined that the agreement was made without any coercion or undue influence and that the necessary procedural fairness was observed. Consequently, the Commission approved the proposed Enterprise Agreement, finding it met the legislative requirements under the Fair Work Act.

The Fair Work Commission approved the Triple R Painting Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 – 2027, deeming it compliant with the Fair Work Act. This decision was made based on the Commission's findings that the agreement provided for fair minimum terms, was free from coercion or undue influence, and was made in accordance with procedural fairness. The approval ensures that the agreement will now serve as the basis for employment conditions within the specified period.

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