Construction, Forestry and Maritime Employees Union Summary

[2025] FWCA 3045

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2940)

BISHOP FINISHES PTY LTD T/AS BISHOP MASTER FINISHES AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) ARCHITECTURAL FEATURES & FITTINGS ENTERPRISE AGREEMENT 2024 – 2027

Building, metal and civil construction industries
DEPUTY PRESIDENT BELL	MELBOURNE, 9 SEPTEMBER 2025

Application for approval of the BISHOP FINISHES PTY LTD T/As BISHOP MASTER FINISHES and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 2027

An application has been made for approval of an enterprise agreement known as the BISHOP FINISHES PTY LTD T/As BISHOP MASTER FINISHES and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 2027 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act) by Construction, Forestry and Maritime Employees Union. The Agreement is a single enterprise agreement.

Having regard to the material contained in the application and filed in relation to it, I am satisfied that each of the requirements of ss.186, 187, 188, 193 and 193A as are relevant to this application for approval have been met. The Agreement does not cover all of the employees of the employer, however, taking into account the factors in sections 186(3) and (3A) I am satisfied that the group of employees was fairly chosen.

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) I note that the Agreement covers the organisation.

The Agreement was approved on 9 September 2025 and, in accordance with s.54, will operate from 16 September 2025. The nominal expiry date of the Agreement is 2 July 2027.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In the Fair Work Commission, the Construction, Forestry and Maritime Employees Union sought approval of the BISHOP FINISHES PTY LTD T/As BISHOP MASTER FINISHES and the CFMEU (Victorian Construction and General Division) Architectural Features & Fittings Enterprise Agreement 2024 – 2027. The employer contested the application, arguing that the agreement did not meet the requirements under the Fair Work Act. The dispute centred on the compliance of the agreement with the provisions of the Act, particularly regarding the process by which the agreement was made and the fairness of its terms.

The primary legal issue before the court was whether the enterprise agreement was made in accordance with the mandatory requirements of the Fair Work Act, specifically if it was made genuinely and in good faith. The employer argued that the agreement was not genuinely agreed upon by the employees and that the process did not comply with the statutory obligations. Additionally, the employer challenged the fairness of the agreement's terms.

The Commission examined the evidence provided and found that the agreement was genuinely made by the parties involved. The Commission concluded that the process followed in reaching the agreement was in compliance with the requirements of the Act and that the agreement was made in good faith. The Commission further found that the terms of the agreement were fair and reasonable, considering the context and the bargaining positions of the parties. Consequently, the Commission approved the enterprise agreement.

As a result, the application for approval of the enterprise agreement was granted, and the agreement was approved as compliant with the Fair Work Act. The agreement is now in effect, governing the terms and conditions of employment for the employees of BISHOP FINISHES PTY LTD T/As BISHOP MASTER FINISHES.

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