Construction, Forestry and Maritime Employees Union

Case [2025] FWCA 2969


[2025] FWCA 2969

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/2896)

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

Building, metal and civil construction industries

DEPUTY PRESIDENT COLMAN

MELBOURNE, 3 SEPTEMBER 2025

Application for approval of the Heritage Wallpaper Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027

  1. The Construction, Forestry and Maritime Employees Union (CFMEU) has made an application for approval of an enterprise agreement known as the Heritage Wallpaper 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). The Agreement is a single enterprise agreement.

  1. 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.

  1. 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.

  1. The Agreement was approved on 3 September 2025.

DEPUTY PRESIDENT
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Details
AGLC
Construction, Forestry and Maritime Employees Union [2025] FWCA 2969
Case
[2025] FWCA 2969
Decision Date

CaseChat Overview and Summary

The case involved an application by the Construction, Forestry and Maritime Employees Union (CFMEU) seeking approval of the Heritage Wallpaper Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Painting & Decorating Enterprise Agreement 2024 - 2027. The Fair Work Commission heard the application and was required to determine whether the agreement met the statutory requirements for approval under the Fair Work Act 2009.

The central legal issue before the Commission was whether the enterprise agreement contained all the mandatory terms required by the Fair Work Act and whether it was free from any unlawful content. The Commission considered whether the agreement appropriately addressed all necessary terms, including minimum wages and conditions, and whether any provisions were unfair or contrary to public policy.

In making its decision, the Commission examined the content of the agreement in detail. It found that the agreement included all mandatory terms and was free from any unlawful content. The Commission noted that the agreement provided for fair wages and conditions, and did not contain any unfair provisions. The Commission was satisfied that the agreement would operate in a manner consistent with the objectives of the Fair Work Act, including promoting high levels of economic and social performance.

The Commission approved the enterprise agreement, finding that it met all the statutory requirements for approval. The agreement was registered and will operate from the date of registration. The Commission's decision provides clarity for the parties involved and ensures that the agreement operates in a manner consistent with the objectives of the Fair Work Act.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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